reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-1 - Auditor as clerk of county commissioners--Preservation and destruction of records.

7-10-1. Auditor as clerk of county commissioners--Preservation and destruction of records.
The county auditor is the clerk of the board of county commissioners and shall keep an accurate record of its official proceedings and carefully preserve all of the documents, books, records, maps, and other papers required to be deposited or kept in his office and carefully perform such other acts and duties as are required by law. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1887, ch 10, §4; CL 1887, §649; RPolC 1903, §885; RC 1919, §5944; SDC 1939, §12.0901; SL 1981, ch 45, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-2 - Accounting records maintained--Destruction.

7-10-2. Accounting records maintained--Destruction.
The county auditor is required to keep and maintain such accounting records as set forth in the accounting manual prescribed by the auditor-general. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1897, ch 28, §93; RPolC 1903, §2156; RC 1919, §5946; SDC 1939, §12.0902; SL 1975, ch 76, §2; SL 1981, ch 45, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-3 - Monthly verification of treasurer's accounts--Report to county commissioners--Contents.

7-10-3. Monthly verification of treasurer's accounts--Report to county commissioners--Contents.
The county auditor shall at the close of each calendar month list all cash and cash items held by the county treasurer and verify the balances in the depositories. The county auditor shall report to the board of county commissioners at each regular meeting the bank balances, the total amount of actual cash, the total amount of checks and drafts which have been in the treasurer's possession not exceeding three days. The county auditor shall also submit an itemized report of all cash items, checks, and drafts which have been in the treasurer's possession over three days. This report shall be made a part of the county commissioners' proceedings.
Source:
SL 1887, ch 10, §5; CL 1887, §650; RPolC 1903, §886; SL 1913, ch 206; SL 1917, ch 235; RC 1919, §5945; SL 1931, ch 116; SDC 1939, §12.0903; SL 2016, ch 44, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-4 - Financial reports--Time for preparation and publication--Filing of publication.

7-10-4. Financial reports--Time for preparation and publication--Filing of publication.
The county auditor shall prepare by the first day of March of each year a report of the revenues and expenditures of the previous year and the assets, liabilities, and equity of the county as of December thirty-first of the previous year. The report shall be made in the form prescribed by the auditor-general and shall be published within thirty days in the official newspapers of the county. A copy of the publication shall be filed with the auditor-general.
Source:
CL 1887, §1664; SL 1889, ch 48, §1; RPolC 1903, §2240; SL 1913, ch 206, §15; SL 1917, ch 235, §2; RC 1919, §5947; SL 1921, ch 167; SDC 1939, §12.0904; SL 1957, ch 19; SL 1972, ch 43, §1; SL 1975, ch 76, §3; SL 1982, ch 60, §2; SL 1984, ch 47.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-5 - General duties relating to elections.

7-10-5. General duties relating to elections.
The county auditor shall perform all the duties required of him by law relative to making out and delivering notices of special and general elections, to making abstracts of and canvassing the votes cast at any special or general election, to issuing certificates of election to members of the Legislature, county, and precinct officers, and to forwarding the abstracts of votes cast at general or special elections to the secretary of state.
Source:
SL 1881, ch 73, §1; CL 1887, §645; RPolC 1903, §888; RC 1919, §5950; SDC 1939, §12.0908.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-6 - Call of special election when county commissioners fail to call.

7-10-6. Call of special election when county commissioners fail to call.
If the board of county commissioners for any cause fails or refuses to call special elections, the county auditor may provide for and call any special election under any of the statutes of the state in force within such county, upon the petition of a majority of all the registered voters of the county, based upon the total number of registered voters at the last preceding general election preceding such call.
Source:
SL 1881, ch 73, §1; CL 1887, §645; RPolC 1903, §888; RC 1919, §5950; SDC 1939, §12.0908; SL 1988, ch 63, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-9 - Action against auditor and sureties for misconduct or omission of duty.

7-10-9. Action against auditor and sureties for misconduct or omission of duty.
An action may be brought against the county auditor and the sureties upon the official bond, in the name of the state and for its use, or for the use of any county or person injured by the misconduct in office of the auditor, or by the omission of any duty required of the auditor by law.
Source:
SL 1887, ch 10, §10; CL 1887, §655; RPolC 1903, §891; RC 1919, §5951; SDC 1939, §12.0910; SL 2016, ch 44, §10.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 10 - County Auditor › Section 7-10-10 - Calculation of adjusted taxes upon cancellation of historical society moratorium--Payment deadline.

7-10-10. Calculation of adjusted taxes upon cancellation of historical society moratorium--Payment deadline.
If a county treasurer receives a notice from the State Historical Society Board of Trustees pursuant to §1-19A-22, the county auditor shall calculate the taxes that would have been paid on such property had the tax moratorium not been in place and send a tax notice to the owner of such property for the difference between the amount of taxes paid on such property since it was given a moratorium and the amount of tax that would have been paid without the tax moratorium. Such taxes shall be paid by November thirtieth of the year the tax notice was provided and, if delinquent, such property may be sold for such taxes.
Source:
SL 1992, ch 6, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-1 - Treasurer as collector of taxes--Office at county seat_Receipt of county money.

7-11-1. Treasurer as collector of taxes--Office at county seat--Receipt of county money.
The county treasurer is the collector of taxes. The treasurer shall maintain an office at the county seat. The treasurer shall receive all money belonging to the county from whatever source derived and other money which by law is directed to be paid to the treasurer.
Source:
SL 1868-9, ch 25, §89; PolC 1877, ch 21, §§93, 94; CL 1887, §§637, 638; RPolC 1903, §§874, 875; SL 1913, ch 206; SL 1917, ch 235; RC 1919, §5925; SDC 1939, §12.0803; SL 2016, ch 44, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-2 - Premium on treasurer's bond.

7-11-2. Premium on treasurer's bond.
If the county treasurer is required to furnish a bond executed by a surety company legally authorized to transact business in this state, upon the approval of the bond by the county commissioners, the county shall pay the premium for the bond.
Source:
SL 1911, ch 91, §1; RC 1919, §5942; SDC 1939, §12.0801; SL 2016, ch 44, §12.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-3 - Additional security required of treasurer by county commissioners--Failure to give security creating vacancy in office.

7-11-3. Additional security required of treasurer by county commissioners--Failure to give security creating vacancy in office.
The board of county commissioners may require the county treasurer to give additional sureties whenever in its opinion the existing security shall have become insufficient; and such board is authorized to demand and receive from the county treasurer an additional bond as required by law, with good and sufficient security, in such sum as such board may direct whenever in its opinion more money shall have passed or is about to pass into the hands of such treasurer than could be recovered under the penalty in the previous bond. If any county treasurer shall fail or refuse to give such additional security or bond within ten days after having been required so to do, his office shall be considered vacant and another treasurer shall be appointed.
Source:
SL 1868-9, ch 25, §§101, 102; PolC 1877, ch 28, §§97, 98; CL 1887, §§1658, 1659; RPolC 1903, §§2235, 2236; RC 1919, §§6950, 6951; SDC 1939, §12.0801.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-4 - Collection of taxes--Maintenance of delinquent taxpayer list.

7-11-4. Collection of taxes--Maintenance of delinquent taxpayer list.
The county treasurer shall collect and credit the taxes on behalf of the county and maintain the delinquent taxpayer list.
Source:
SL 1868-9, ch 25, §89; PolC 1877, ch 21, §94; CL 1887, §638; RPolC 1903, §875; RC 1919, §5925; SDC 1939, §12.0803; SL 2016, ch 44, §13.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-4.1 - Immunity from personal liability for bad checks--Conditions.

7-11-4.1. Immunity from personal liability for bad checks--Conditions.
No county treasurer may be held personally liable for insufficient or no account checks issued to the treasurer for the licensure of snowmobiles, motor vehicles, trailers, motorcycles, or manufactured homes, if the county treasurer has exercised due diligence and has taken the following steps:
(1)Required positive identification of the person presenting the check; and
(2)Within a thirty-day period of receiving notice that the check has been dishonored, instituted a collection process on the check.
Source:
SL 1976, ch 70; SL 1992, ch 80, §1; SL 2016, ch 44, §14.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-4.2 - Bad check--Collection procedure--Removal as asset.

7-11-4.2. Bad check--Collection procedure--Removal as asset.
If a county receives an insufficient fund or no account check, the county shall institute a collection procedure. If after one hundred eighty days the county has not received payment for the insufficient fund or no account check, the county treasurer may, with the majority approval of the board of county commissioners, remove the insufficient fund or no account check as an asset of the county.
Source:
SL 1983, ch 48; SL 1994, ch 63.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-5 - Accounting and payment of money into treasury.

7-11-5. Accounting and payment of money into treasury.
The county treasurer shall account for and pay into the treasury of the county all money received by the treasurer and interest received on deposits.
Source:
SL 1909, ch 21, §1; RC 1919, §5940; SDC 1939, §12.0804; SL 2016, ch 44, §15.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-6 - Warrants of county auditor required for disbursements by treasurer.

7-11-6. Warrants of county auditor required for disbursements by treasurer.
All money received by the county treasurer for the use of the county may only be disbursed by the treasurer on the warrant of the county auditor drawn according to law. All money shall be paid over by the treasurer at the time and in the manner provided by law.
Source:
SL 1868-9, ch 25, §89; PolC 1877, ch 21, §93; CL 1887, §637; RPolC 1903, §874; RC 1919, §5925; SDC 1939, §12.0803; SL 1975, ch 76, §4; SL 2016, ch 44, §16.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-9 - Duplicate receipts for miscellaneous collections.

7-11-9. Duplicate receipts for miscellaneous collections.
If the treasurer receives any money, warrants, or orders on any account other than taxes charged on the tax duplicate, the treasurer shall make out duplicate receipts. One receipt shall be delivered to the person paying the money, warrant, or order and the other receipt shall be filed with the auditor within one week.
Source:
SL 1897, ch 28, §91; RPolC 1903, §2154; RC 1919, §5927; SDC 1939, §12.0807; SL 1975, ch 76, §5; SL 2016, ch 44, §17.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-12 - Accounting records maintained--Destruction.

7-11-12. Accounting records maintained--Destruction.
The county treasurer shall keep and maintain such accounting records as set forth in the accounting manual prepared by the auditor-general. However, the county treasurer may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1868-9, ch 25, §89; PolC 1877, ch 21, §94; CL 1887, §638; RPolC 1903, §875; SL 1913, ch 206, §7; SL 1917, ch 235, §2; RC 1919, §5925; SDC 1939, §12.0803; SL 1975, ch 76, §6; SL 1981, ch 45, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-14 - Collection fees not deducted from taxes received.

7-11-14. Collection fees not deducted from taxes received.
The county treasurer shall not deduct from any tax collected by him, any fee for the collection thereof, and the full amount of tax collected shall be credited to the taxing district from which such tax is collected.
Source:
SL 1909, ch 171, §1; RC 1919, §5943; SL 1919, ch 146; SDC 1939, §12.0810.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-16 - Failure to collect or account for fees as theft.

7-11-16. Failure to collect or account for fees as theft.
Any county treasurer who shall neglect or omit to charge or collect the fees allowed for services rendered or shall fail or neglect to keep a record of the same or to make a correct statement thereof to the county auditor, with the intent to evade the provisions of this chapter shall be guilty of theft.
Source:
SL 1890, ch 134, §4; RPolC 1903, §882; RC 1919, §5939; SDC 1939, §12.9909; SL 1981, ch 43, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-17 - Examination of treasurer's books by county commissioners--Settlement and certification of accounts.

7-11-17. Examination of treasurer's books by county commissioners--Settlement and certification of accounts.
The books, accounts, and vouchers of the county treasurer and all money, warrants, or orders remaining in the treasury shall at all times be subject to the inspection and examination of the board of county commissioners, including the regular meetings of the board in January and July of each year and at any other times as the board directs. The treasurer shall settle with the board the accounts kept by the treasurer.
The treasurer shall exhibit for that purpose all books, accounts, and money, and all vouchers relating to the same to be audited. The vouchers shall be retained by the board as evidence of the treasurer's settlement and if found correct, the account shall be so certified. If it is found incorrect, the treasurer is liable on the bond.
Source:
SL 1868-9, ch 25, §§80, 91; PolC 1877, ch 21, §95; CL 1887, §639; RPolC 1903, §876; RC 1919, §5932; SDC 1939, §12.0817; SL 2016, ch 44, §18.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-18 - Action against treasurer and sureties on failure to settle or pay over money.

7-11-18. Action against treasurer and sureties on failure to settle or pay over money.
If any county treasurer fails to make return or settlement or to pay over all money with which the treasurer may stand charged at the time and in the manner prescribed by law, the county auditor, on receiving instructions from the state auditor or from the county commissioners, shall institute a suit against either the treasurer or the surety, or both, in the circuit court of the county.
Source:
SL 1868-9, ch 25, §99; PolC 1877, ch 28, §95; CL 1887, §1656; RPolC 1903, §2233; RC 1919, §6949; SDC 1939, §12.0802; SL 2016, ch 44, §19.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 11 - County Treasurer › Section 7-11-19 - Profiting from use of county funds as theft--Liability on official bond.

7-11-19. Profiting from use of county funds as theft--Liability on official bond.
The making of profit and converting the profit to private use or benefit, directly or indirectly, by the county treasurer out of any money in the county treasury with the custody of which the treasurer is charged, by using, loaning, or depositing the profit in any manner, is theft. In addition the treasurer is liable upon the official bond for the profits realized by the unlawful use of the county funds.
Source:
SL 1897, ch 104, §4; RPolC 1903, §352; RC 1919, §6890; SDC 1939, §12.9906; SL 1981, ch 43, §5; SL 2016, ch 44, §20.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-1 - Sheriff to preserve the peace--Apprehension of felons--Execution of process.

7-12-1. Sheriff to preserve the peace--Apprehension of felons--Execution of process.
The sheriff shall keep and preserve the peace within the county. The sheriff may call to aid any person or power of the county as the sheriff deems necessary. The sheriff shall pursue and apprehend all felons, and shall execute all writs, warrants, and other processes from any court or magistrate for which the sheriff has the legal authority.
Source:
SL 1874-5, ch 27, §68; PolC 1877, ch 21, §65; CL 1887, §661; RPolC 1903, §896; RC 1919, §5956; SDC 1939, §12.1001; SL 2016, ch 44, §21.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-2 - Office at county seat--Service and posting of notices.

7-12-2. Office at county seat--Service and posting of notices.
The sheriff shall keep the office at the county seat, serve or post all notices received from the county auditor or the board of county commissioners, and perform other duties as prescribed by law.
Source:
SL 1874-5, ch 27, §69; PolC 1877, ch 21, §66; CL 1887, §662; RPolC 1903, §897; RC 1919, §5958; SDC 1939, §12.1001; SL 2016, ch 44, §22.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-3 - Attendance on courts and county commissioners.

7-12-3. Attendance on courts and county commissioners.
The sheriff shall attend the sessions of the circuit court and the sessions of the board of county commissioners when required by the board to attend.
Source:
SL 1874-5, ch 27, §68; PolC 1877, ch 21, §65; CL 1887, §661; RPolC 1903, §896; RC 1919, §5956; SDC 1939, §12.1001; SL 1981, ch 44, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-4 - Compliance with attorney general's orders--Enforcement of laws.

7-12-4. Compliance with attorney general's orders--Enforcement of laws.
The sheriff shall comply with all orders of the attorney general and at all times, whether on duty under the call of the attorney general or not. The sheriff shall faithfully execute and enforce all the laws of this state and especially all laws relating to alcoholic beverages.
Source:
SL 1917, ch 355, §7; RC 1919, §5957; SDC 1939, §12.1002; SL 2016, ch 44, §23.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-5 - Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.

7-12-5. Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses.
The sheriff shall furnish to the attorney general from time to time any information regarding conditions in the county that may be required. The sheriff shall pursue all violations of the criminal laws of this state, notify the state's attorney of violations, collect preliminary information, file criminal complaints, and arrest and assist in the prosecution of persons charged.
Source:
SL 1917, ch 355, §7; RC 1919, §5957; SDC 1939, §12.1002; SL 2016, ch 44, §24.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-6 - Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.

7-12-6. Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff.
If the sheriff is sued, the coroner shall serve the papers on the sheriff. The return on all papers served by the coroner has the same credit as the sheriff's return. The coroner shall receive the same fees as the sheriff receives for like services.
If the sheriff is disqualified or incapacitated, a deputy sheriff shall exercise the powers and duties of the office of sheriff so far as such disqualification or incapacity of the sheriff is required or needed.
Source:
SL 1874-5, ch 27, §88; PolC 1877, ch 21, §67; CL 1887, §663; RPolC 1903, §898; RC 1919, §5968; SDC 1939, §12.1101; SL 1968, ch 16, §3; SL 2016, ch 44, §25.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-7 - Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.

7-12-7. Designation of circuit court commissioner to act in absence, inability, or disqualification of sheriff and coroner.
When both the sheriff and the coroner are absent, disqualified, or otherwise incapacitated, the circuit court in the circuit in which the county is located may, by order, designate any voter as a commissioner of the court to perform the duties required from a sheriff or coroner in any particular case.
Source:
SDC 1939, §12.1101; SL 1968, ch 16, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-9 - Deputies, jailers, and clerks authorized by county commissioners--Compensation.

7-12-9. Deputies, jailers, and clerks authorized by county commissioners--Compensation.
If in the judgment of the board of county commissioners, it shall be necessary for the prompt dispatch of business in the office of the sheriff that one or more deputies, jailers or clerks be appointed therein, the board shall by resolution fix the number of such deputies, jailers or clerks and the compensation which they shall receive. The salary of each clerk, jailer and deputy shall be paid out of the county general fund.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1009; SL 1955, ch 20; SL 1963, ch 40, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-10 - Appointment and removal of deputies, jailers, and clerks--Oath and bond.

7-12-10. Appointment and removal of deputies, jailers, and clerks--Oath and bond.
The appointment or removal of each deputy, jailer, and clerk shall be made by the sheriff. Each appointment or removal shall be in writing and filed with the county auditor. Each deputy, jailer, and clerk shall qualify by subscribing the official oath and shall give such bond to the board of county commissioners for the discharge of his duties as the board of county commissioners may require.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1009; SL 1955, ch 20; SL 1963, ch 40, §4; SL 1989, ch 66.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-10.1 - Civil service system for deputies in large county--Features of system--Repeal or modification.

7-12-10.1. Civil service system for deputies in large county--Features of system--Repeal or modification.
A county with a population of seventy-five thousand or more may adopt an ordinance establishing a civil service system for its county deputy sheriffs, and provide for the appointment of a civil service board, and prescribe its powers, duties, and compensation. The civil service system shall provide for the suspension or removal of any deputy sheriff for cause, subject to review and affirmance, reversal, or modification of such action by the civil service board. The deputy sheriff may request a hearing before the board at which he may be present in person or by counsel. The ordinance may be repealed or modified by a majority vote of the county commission.
Source:
SL 1979, ch 42.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-11 - Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.

7-12-11. Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties.
The sheriff is responsible for the acts of each deputy, jailer, and clerk in the performance of the duties of the sheriff's office. The sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1009; SL 1955, ch 20; SL 1963, ch 40, §4; SL 2016, ch 44, §26.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-12 - Vehicles and equipment furnished to sheriff by county--Mileage payments not made.

7-12-12. Vehicles and equipment furnished to sheriff by county--Mileage payments not made.
Any county may, at the discretion of the board of county commissioners, furnish any motorcycle, automobile, truck or other vehicle, uniforms and other equipment to the sheriff or his deputies, or both, for law enforcement purposes only. In those counties furnishing motor vehicles, notwithstanding the provisions of this chapter for mileage payments in lieu of expenses, no mileage payments may be paid to sheriffs, deputy sheriffs or other county law enforcement personnel for whom motor vehicles are furnished.
Source:
SDC 1939, §12.1012 as enacted by SL 1963, ch 40, §7; SL 1970, ch 47.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-13 - Payment of expenses where vehicle furnished by county.

7-12-13. Payment of expenses where vehicle furnished by county.
The sheriff, deputies, and other law enforcement officials of any county which furnishes motor vehicles for law enforcement purposes shall present itemized vouchers showing all receipted expenses, to be approved by the board of county commissioners, for payment by the county treasurer from the county general fund.
Source:
SDC 1939, §12.1012 as enacted by SL 1963, ch 40, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-14 - County reimbursement of expenses on official business.

7-12-14. County reimbursement of expenses on official business.
Reimbursement by counties for all necessary and reasonable expenses incurred by county law enforcement personnel while on official business shall be made, including mileage reimbursement for such personnel for whom motor vehicles are not furnished; such reimbursement may not be impaired by §§7-12-12 and 7-12-13.
Source:
SDC 1939, §12.1012 as enacted by SL 1963, ch 40, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-15 - Sheriff's salary schedule.

7-12-15. Sheriff's salary schedule.
The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.
County Population
Salary Schedule
Below 10,000
$41,256
10,000-14,999
$44,723
15,000-24,999
$46,110
25,000-69,999
$51,657
70,000 and over
$56,163
The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.
Source:
SDC 1939, §12.1011; SL 1947, ch 36; SL 1951, ch 23, §2; SL 1957, ch 21; SL 1959, ch 28; SL 1963, ch 40, §6; SL 1966, ch 23, §1; SL 1968, ch 13; SL 1969, ch 22; SL 1972, ch 44, §1; SL 1974, ch 62; SL 1975, ch 77, §1; SL 1977, ch 59, §3; SL 1978, ch 53, §5; SL 1979, ch 41, §1; SL 1980, ch 53, §3; SL 1981, ch 52; SL 1982, ch 61, §1; SL 1983, ch 39, §3; SL 1984, ch 44, §3; SL 1985, ch 46, §3; SL 1986, ch 63, §3A; SL 1988, ch 70, §1; SL 1991, ch 57, §1; SL 2002, ch 42, §§1, 3; SL 2007, ch 37, §7, eff. Jan. 1, 2008; SL 2007, ch 37, §8, eff. Jan. 1, 2009; SL 2013, ch 31, §7, eff. Jan. 1, 2014; SL 2013, ch 31, §8, eff. Jan. 1, 2015.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-17 - Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county

7-12-17. Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county.
Section 7-12-15 may not be construed to change the reimbursement of the sheriff for costs of mileage incurred while on official business or to change the fee received by the sheriff for the costs of food for boarding of prisoners. If housing and utilities are furnished by a county to the sheriff, the county board of commissioners may establish a reasonable value for such quarters, based upon the general level of housing accommodation rentals prevailing at the county seat, and deduct from the regular salary of the sheriff an equivalent amount therefor.
Source:
SDC 1939, §12.1011 as added by SL 1963, ch 40, §6; SL 1966, ch 23, §1; SL 1968, ch 13; SL 1969, ch 22; SL 2021, ch 37, § 1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-18.1 - Uncollectable fees removed as assets of county.

7-12-18.1. Uncollectable fees removed as assets of county.
Any fee that is charged by a sheriff and is outstanding for three or more years which the sheriff determines is uncollectable may, with the majority approval of the board of county commissioners, be removed as an asset of the county.
Source:
SL 1987, ch 70.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-19.1 - Fees paid to sheriff--Remittance to county treasurer.

7-12-19.1. Fees paid to sheriff--Remittance to county treasurer.
Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in §7-12-18. The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.
Source:
SL 1978, ch 58, §2; SL 1981, ch 54; SL 1999, ch 32, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-20 - Endorsement of fees for service of process for state--Fees not required of county.

7-12-20. Endorsement of fees for service of process for state--Fees not required of county.
If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a statement of the fees for the service, the number of miles traveled, and the amount of mileage. If the sheriff fails to make the return with the statement and file the return with the clerk of the court from which the process issued before judgment is pronounced in the action to which the process relates, the sheriff may not receive any fee for the service. The county commissioners of the county where the service is performed are also prohibited from allowing the reimbursement. No fee may be required of a county, its officers, or board of county commissioners in any action commenced by the county.
Source:
SL 1883, ch 54, §1; CL 1887, §1413; RPolC 1903, §1834; RC 1919, §5959; SDC 1939, §12.1005; SL 1984, ch 161, §6; SL 2016, ch 44, §27.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-21 - Reimbursement of travel expense outside county.

7-12-21. Reimbursement of travel expense outside county.
For all necessary expenses incurred as a result of official travel outside the county, not specifically provided for in §7-12-18, reimbursement shall be made by the board of county commissioners upon presentation of properly itemized vouchers.
Source:
SDC 1939, §12.1007 as added by SL 1963, ch 40, §3; SL 1968, ch 12; SL 1984, ch 161, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-22 - Prisoner transportation expenses--State reimbursement.

7-12-22. Prisoner transportation expenses--State reimbursement.
The county shall pay all necessary expenses, including travel, incurred in the transportation of adult and juvenile prisoners to state correctional institutions. The county may be reimbursed by the state from funds appropriated for such purpose.
Source:
SDC 1939, §12.1007; SL 1959, ch 27; SL 1963, ch 40, §3; SL 1968, ch 12; SL 1974, ch 64; SL 1975, ch 83, §1; SL 1989, ch 20, §64; SL 1996, ch 53, §1; SL 1996, ch 172, §72; SL 1999, ch 35, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-23 - Reimbursement for taking prisoner before judge.

7-12-23. Reimbursement for taking prisoner before judge.
If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty and receives a state incarceration sentence, the county where the alleged offense was committed shall reimburse the sheriff pursuant to §§7-12-21 and 7-12-22.
If a state incarceration sentence is not imposed, the county where the alleged offense was committed shall reimburse the sheriff for the actual expenses for conveying the person to and from the judge by the nearest traveled route.
Source: SL 1913, ch 161, §3; RC 1919, §5964; SDC 1939, §12.1008; SL 2016, ch 47, §10; SL 2023, ch 82, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-24 - Prisoner transportation allowances not considered fees for salary purposes.

7-12-24. Prisoner transportation allowances not considered fees for salary purposes.
Reimbursement for expenses paid to the sheriff under §§7-12-21 and 7-12-22 may not be considered fees within the meaning of §§7-12-15 to 7-12-17, inclusive.
Source:
SDC 1939, §12.1007 as added by SL 1963, ch 40, §3; SL 1968, ch 12.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-25 - Fees deposited in general fund.

7-12-25. Fees deposited in general fund.
The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1010; SL 1951, ch 23, §1; SL 1963, ch 40, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-25.1 - Fees deposited in joint law enforcement fund if joint commission exists in county.

7-12-25.1. Fees deposited in joint law enforcement fund if joint commission exists in county.
Notwithstanding §7-12-25, all fees and travel expenses charged by the sheriff under the provisions of §7-12-18 shall be deposited in a fund known as the "joint law enforcement fund," for use only by the joint municipal-county law enforcement commission if such commission exists in the county.
Source:
SL 1977, ch 63; SL 1978, ch 58, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-26 - County payment of judgments against sheriff and deputies.

7-12-26. County payment of judgments against sheriff and deputies.
All judgments rendered against the sheriff, deputies, and clerks by reason of any official duties performed by the sheriff, deputies, and clerks shall be paid by the board of county commissioners.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1010; SL 1951, ch 23, §1; SL 1963, ch 40, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-26.1 - Purchase of liability insurance for sheriff, deputies, and employees.

7-12-26.1. Purchase of liability insurance for sheriff, deputies, and employees.
Each board of county commissioners may purchase and pay premiums on insurance covering and insuring the sheriff and each deputy and employee of the sheriff. The insurance shall insure against personal liability as a result of errors and omissions in the performance of official duties. The premiums shall be paid from the county general fund.
Source:
SL 1970, ch 54; SL 2010, ch 36, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-27 - Reimbursement of sheriff and deputies paid from county general fund.

7-12-27. Reimbursement of sheriff and deputies paid from county general fund.
All claims for reimbursement of the sheriff, deputies, and clerks arising from official duties of such county officials, as provided by law, shall be paid from the general fund of the county by the board of county commissioners.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.1010; SL 1951, ch 23, §1; SL 1963, ch 40, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-28 - Failure to perform duty or account for fees as misdemeanor.

7-12-28. Failure to perform duty or account for fees as misdemeanor.
Every sheriff who intentionally fails or refuses to perform any official duty for which a fee is prescribed by law, or who fails or refuses to render a full and true report to the county of all fees charged by his office, is guilty of a Class 1 misdemeanor.
Source:
SL 1917, ch 190, §1; RC 1919, §5966; SDC 1939, §12.9911; SL 1978, ch 58, §4; SL 1981, ch 43, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 12 - Sheriff › Section 7-12-29 - Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.

7-12-29. Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal.
The sheriff may take possession of any animal suspected of being dangerous. The sheriff may hold such animal until a formal determination can be made of the extent of the danger such animal poses. If the animal has attacked or bitten a human or an animal pet, the formal determination shall include consultation with the department of health for the purposes of rabies control. The sheriff may dispose of any animal so determined to be dangerous.
Source:
SL 1988, ch 71.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 13 - County Constables › Section 7-13-1 - Appointment and terms of constables--Accountability.

7-13-1. Appointment and terms of constables--Accountability.
The board of county commissioners may appoint constables who are registered voters. The constables shall hold office at the pleasure of the board of county commissioners for a term of two years, and until their successors are appointed and qualified. The board of county commissioners may establish guidelines for the accountability of constables.
Source:
SL 1920 (SS), ch 38, §2; SDC 1939, §12.1501; SL 1961, ch 32, §1; SL 1979, ch 43; SL 1981, ch 55, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 13 - County Constables › Section 7-13-2 - Jurisdiction and powers of constables for county.

7-13-2. Jurisdiction and powers of constables for county.
Such county constables shall have the same powers and jurisdiction throughout the entire county as a township or other constable has within his district; such county constables may serve process and make levies in the same manner and effect as the sheriff, and conduct other official proceedings throughout the county in the same manner and effect as a township or other constable within his district.
Source:
SDC 1939, §12.1501; SL 1961, ch 32, §1; SL 1973, ch 126, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 13 - County Constables › Section 7-13-3 - Appointment of constables for districts not organized into townships.

7-13-3. Appointment of constables for districts not organized into townships.
The board of county commissioners of each organized county having territory therein which is not organized into civil townships shall divide such territory into such number of districts, not exceeding eight, as it shall deem advisable, from each of which districts there may be appointed at the time specified in §7-13-1, one constable who shall serve for a term of two years.
Source:
SL 1901, ch 169, §§1, 2; RPolC 1903, §961; RC 1919, §6026; SL 1920 (SS), ch 38, §2; SDC 1939, §12.1501; SL 1961, ch 32, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 13 - County Constables › Section 7-13-4 - Fees of constables--Record filed with county auditor.

7-13-4. Fees of constables--Record filed with county auditor.
County constables may collect the same fees as are allowed sheriffs for like services. The constables shall keep a daily record of all moneys collected and file a copy of that record with the county auditor by the fifteenth day of the following month.
Source:
PolC 1877, ch 39, §19; CL 1887, §1421; RPolC 1903, §1839; RC 1919, §6027; SDC 1939, §12.1502; SL 1981, ch 55, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-1 - Fees and expenses allowable to coroner set by board.

7-14-1. Fees and expenses allowable to coroner set by board.
The coroner shall receive fees and expenses as set by the board of county commissioners.
Source:
SL 1881, ch 75, §1; CL 1887, §1414; RPolC 1903, §1835; RC 1919, §5974; SL 1933, ch 70; SDC 1939, §12.1105; SL 1968, ch 16, §4; SL 1984, ch 44, §4A; SL 1985, ch 46, §4; SL 1986, ch 63, §3; SL 1988, ch 66, §2; SL 2005, ch 44, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-2 - Reimbursement and source of payment of coroner's expenses.

7-14-2. Reimbursement and source of payment of coroner's expenses.
The county coroner shall be reimbursed for all necessary and reasonable expenditures incurred in the discharge of his duty as shall be approved by the board of county commissioners and which shall be paid out of the general fund of the county.
Source:
SL 1881, ch 75, §1; CL 1887, §1414; RPolC 1903, §1835; RC 1919, §5974; SDC 1939, §12.1105; SL 1968, ch 16, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-3 - Surrender or burial of body viewed by coroner.

7-14-3. Surrender or burial of body viewed by coroner.
The coroner shall cause the body of any deceased person which he is called upon to view to be delivered to the person entitled to receive it, if any there be; but if not, he shall cause it to be properly buried and the expense paid from any property found with the body.
Source:
SL 1874-5, ch 27, §103; PolC 1877, ch 21, §81; CL 1887, §676; RPolC 1903, §911; SL 1909, ch 278; RC 1919, §5969; SDC 1939, §12.1102.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-4 - Offer of body to medical school--Burial if not requisitioned by school.

7-14-4. Offer of body to medical school--Burial if not requisitioned by school.
If sufficient property is not found on the body, the coroner shall forthwith give notice to the dean of the department of medicine of the University of South Dakota, specifying in such notice the probable cause of death; and upon the requisition of the dean of such department, he shall forward such body to the university at its expense, within twenty-four hours of the receipt of such requisition. If no such requisition be received within the time stated, it shall be the duty of the coroner to cause the body to be properly buried, and the expense thereof shall be paid by the county from the general fund.
Source:
SL 1874-5, ch 27, §103; PolC 1877, ch 21, §81; CL 1887, §676; RPolC 1903, §911; SL 1909, ch 278; RC 1919, §5969; SDC 1939, §12.1102.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-5 - Delivery to county treasurer of property found on body--Action for recovery.

7-14-5. Delivery to county treasurer of property found on body--Action for recovery.
The coroner must within thirty days after an inquest upon a dead body deliver to the county treasurer any money or other property which may be found upon the body, not expended for burial expenses as provided in §7-14-3, unless claimed in the meantime by the legal representatives of the decedent. If he fails to do so, the treasurer may proceed against him for its recovery by a civil action in the name of the county.
Source:
PolC 1877, ch 21, §84; CL 1887, §679; RPolC 1903, §914; RC 1919, §5970; SDC 1939, §12.1103.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-6 - Deposit and sale of property found on body--Delivery to decedent's estate.

7-14-6. Deposit and sale of property found on body--Delivery to decedent's estate.
Upon the delivery of any property to the treasurer, as provided in §7-14-5, he must, if it be money, place it to the credit of the county; or, if it be other property, he must within thirty days sell it at public auction, upon reasonable notice, and place the proceeds to the credit of the county. If the money in the treasury be demanded within six years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county in relation to the matter; or it may be paid at any time thereafter upon the order of the board of county commissioners.
Source:
PolC 1877, ch 21, §§85, 86; CL 1887, §§680, 681; RPolC 1903, §§915, 916; RC 1919, §§5971, 5972; SDC 1939, §12.1103.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-7 - Coroner to account for property before fees paid.

7-14-7. Coroner to account for property before fees paid.
Before auditing and allowing any account of the coroner the board of county commissioners must require from him a statement in writing of any money or other property found upon persons on whom inquests have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the decedent or to the county treasurer.
Source:
PolC 1877, ch 21, §87; CL 1887, §682; RPolC 1903, §917; RC 1919, §5973; SDC 1939, §12.1104.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-8 - Salary--Radio.

7-14-8. Salary--Radio.
The coroner may receive a salary which shall be set by the board of county commissioners and the coroner may be furnished with a radio by the county capable of transmitting and receiving government bands.
Source:
SL 1985, ch 48, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-9 - Appointment and compensation of deputies.

7-14-9. Appointment and compensation of deputies.
The coroner may appoint one or more deputies and each deputy shall receive fees and expenses as determined at the discretion of the board of the county commissioners. The deputy coroner may not receive a salary.
Source:
SL 1985, ch 48, §2; SL 2005, ch 45, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 14 - Coroner › Section 7-14-10 - Training programs.

7-14-10. Training programs.
Each newly selected county coroner shall participate in the training program established by the Law Enforcement Officers Standards Commission within one year of taking office. Each county coroner shall participate in and successfully complete an advanced or refresher training established by the commission at least every two years.
Source:
SL 2010, ch 123, §3.