reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 16B - County Legal Expense Relief Program › Section 7-16B-19.1 - Supplemental assessment if fund reserve is likely to be depleted.

7-16B-19.1. Supplemental assessment if fund reserve is likely to be depleted.
If it appears to the board that the county legal expense relief fund reserve is likely to be completely depleted, the board may determine a supplemental assessment is required and shall compute each participating county's share utilizing the formula established in §7-16B-20. The board shall certify each participating county's share of the supplemental assessment to the county auditor. Each participating county shall remit its share of the supplemental assessment to the board within thirty days of certification.
Source:
SL 2012, ch 52, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 16B - County Legal Expense Relief Program › Section 7-16B-20 - Factors utilized in computing participating county's share of fund.

7-16B-20. Factors utilized in computing participating county's share of fund.
Each participating county's share of the county legal expense relief fund shall be computed utilizing the following factors:
(1)The percent of the total population of the participating counties in the state which reside in the county excluding individuals not subject to the jurisdiction of the unified judicial system; and
(2)The percent of the true and full assessed value of the participating counties in the state associated with the county as determined by the Department of Revenue.
Each participating county's share of the county legal expense relief assessment shall be calculated by multiplying the average of the two factors by the total assessment.
Source:
SL 1992, ch 55, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 16B - County Legal Expense Relief Program › Section 7-16B-21 - Acceptance of gifts, contributions or funds authorized.

7-16B-21. Acceptance of gifts, contributions or funds authorized.
The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter.
Source:
SL 1992, ch 55, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 16B - County Legal Expense Relief Program › Section 7-16B-22 - County legal expense relief board established--Appointment and term of members--Payment of board's costs.

7-16B-22. County legal expense relief board established--Appointment and term of members--Payment of board's costs.
There is established a county legal expense relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to §7-7-28. The executive board of the association may appoint an alternate board member to serve when the county legal expense relief board does not have a quorum at meeting. The alternate board member may be a county commissioner or a county manager appointed pursuant to §7-8A-4. Board members shall serve staggered terms of four years or until their term as county commissioner has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.
Source:
SL 1992, ch 55, §10; SL 2011, ch 38, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-1 - County as body corporate--Party in court.

7-18-1. County as body corporate--Party in court.
Each county is a body corporate for civil and political purposes only, and as such may sue and be sued, plead and be impleaded, in any court in this state.
Source:
SL 1874-5, ch 27, §28; PolC 1877, ch 21, §13; CL 1887, §572; RPolC 1903, §795; RC 1919, §5791; SL 1935, ch 79; SDC 1939, §12.1801; SL 1985, ch 15, §23.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-2 - Seal of county.

7-18-2. Seal of county.
The board of county commissioners shall procure and keep a seal with emblems and devices as the board deems proper. This shall be the seal of the county and the county auditor may not use any other seal.
Source:
SL 1874-5, ch 27, §§38, 39; PolC 1877, ch 21, §17; CL 1887, §578; RPolC 1903, §817; RC 1919, §5868; SDC 1939, §12.1802; SL 2016, ch 44, §41.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-3 - Designation of official newspapers for county--Publication of board proceedings and notices.

7-18-3. Designation of official newspapers for county--Publication of board proceedings and notices.
At its regular meeting in January of each year the board of county commissioners shall designate three legal newspapers printed in the county as official newspapers. If there are not three legal newspapers within the county, then as many newspapers that are legal newspapers. No more than two newspapers within the same municipality may be designated as official newspapers by the county, if there are other legal newspapers published elsewhere within the county.
The board shall publish a full and complete report of all its official proceedings at all regular and special meetings and shall publish proceedings as soon after any meeting as practicable. The board shall pay for publishing the proceedings at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in chapter 17-2.
All notices required by law to be published by the county auditor shall also be published in the official newspapers. If any notice includes a legal description of property outside the incorporated limits of a municipality, the notice may include a physical description of the property from the nearest incorporated municipality.
Source:
SL 1874-5, ch 25, §1; PolC 1877, ch 21, §54; CL 1887, §619; SL 1901, ch 97, §1; RPolC 1903, §859; RC 1919, §5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, §12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2009, ch 29, §1; SL 2016, ch 44, §42.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-3.1 - Names of poor relief recipients not published.

7-18-3.1. Names of poor relief recipients not published.
The name of any person receiving or who is entitled to poor relief as provided in chapter 28-13 may not be published as a part of the minutes of county commissioners meetings as provided in §7-18-3.
Source:
SL 1975, ch 79, §1; SL 2016, ch 44, §43.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-4 - Affidavit of official publications.

7-18-4. Affidavit of official publications.
Each official newspaper shall file an affidavit of publication with the county auditor, executed in due form, of all legal official publications made by the county.
Source:
SL 1874-5, ch 25, §1; PolC 1877, ch 21, §54; CL 1887, §619; SL 1901, ch 97, §1; RPolC 1903, §859; RC 1919, §5895; SL 1919, ch 151; SL 1921, ch 170; SDC 1939, §12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, §44.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-5 - Report of commissioners' proceedings to be sent to official newspapers.

7-18-5. Report of commissioners' proceedings to be sent to official newspapers.
The county auditor shall make a full and complete report of the proceedings of each regular and special meeting of the board and send a copy to the official newspapers. The report shall be sent within one week from the time each meeting is held.
Source:
CL 1887, §620; SL 1895, ch 54, §1; RPolC 1903, §860; RC 1919, §5896; SDC 1939, §12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, §45.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-7 - Tax levy to pay judgment against county--County property exempt from process.

7-18-7. Tax levy to pay judgment against county--County property exempt from process.
If any judgment is obtained against a county, the board of county commissioners may, at any time after the expiration of six months from the rendition of the judgment, assess and collect a sufficient amount of revenue to pay off and discharge the judgment. The property of the county and of persons owning property situated or liable to taxation therein may not be subject to judgment lien or liens, nor to seizure or sale upon execution or other process of any court. The levy authorized by this section is in addition to the levy authorized in §10-12-21.
Source:
SL 1874-5, ch 27, §29; PolC 1877, ch 21, §14; SL 1881, ch 54, §1; CL 1887, §573; RPolC 1903, §796; RC 1919, §5792; SDC 1939, §12.1805; SL 1985, ch 77, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-8 - Liability insurance and agreements obtained for county--Protection for officers and employees.

7-18-8. Liability insurance and agreements obtained for county--Protection for officers and employees.
Any board of county commissioners may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the county in meeting obligations arising from such acts or omissions for which the county may be legally liable. The liability insurance coverage or other arrangement obtained shall protect the county officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.
Source:
SL 1949, ch 28; SDC Supp 1960, §12.1810; SL 1975, ch 80; SL 1978, ch 50, §1; SL 1987, ch 75, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-9 - Condemnation of private property by county--Resolution of necessity.

7-18-9. Condemnation of private property by county--Resolution of necessity.
The board of county commissioners may condemn private property for public purposes in the manner and to the extent provided by law.
If the board of county commissioners deems it necessary to condemn private property for the purpose of opening, constructing, changing, relocating, maintaining, repairing, or extending any highway or bridge within its county, or for the purpose of erecting, repairing, or extending any courthouse, jail, or other public building, and of acquiring other or additional ground therefor, or for the purpose of providing cut slopes, borrow pits, or channel changes, or to afford unobstructed vision on the highways in the county at any point of danger to public travel, for right-of-way and borrow pit, or for the purpose of making any other public improvement or to acquire private property for any public use authorized by law, the board shall by resolution declare an appropriation necessary to be made and state the purpose and extent of the appropriation.
Nothing in this section may be construed as authorizing county commissioners to condemn property for county courthouse or jail site until a majority of the voters of a county have voted in favor of the erection of a courthouse or jail.
Source:
SL 1913, ch 152, §§1, 2; RC 1919, §§5805, 5806; SDC 1939, §12.1806; SL 1957, ch 25; SL 2016, ch 44, §46.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-10 - Agreements with federal agencies.

7-18-10. Agreements with federal agencies.
Any county of this state may, through its board of commissioners, enter into agreements with and receive grants from federal agencies.
Source:
SL 1965, ch 211, §2; SL 2016, ch 44, §47.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-12 - Expenditures for industrial, tourist and recreational activities to nonprofit corporations or associations--Reports required--Inspection of books and records.

7-18-12. Expenditures for industrial, tourist and recreational activities to nonprofit corporations or associations--Reports required--Inspection of books and records.
The board of county commissioners may promote industrial, tourist, and recreational activities and make payment from the general fund to nonprofit corporations or associations engaged in promotion either within or outside of the boundaries of the county. Any nonprofit corporation or association which accepts funds from a board of county commissioners, shall file an annual report of all receipts and expenditures with the county auditor not later than December thirty-first of each year. All books and records of the nonprofit corporation or association may be inspected by any member of the board of county commissioners, or by any agent or attorney representing the board, for any proper purpose at any reasonable time.
Source:
SL 1969, ch 28; SL 1985, ch 77, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-13 - County contributions to safety programs.

7-18-13. County contributions to safety programs.
Any county of this state that has a population of thirty thousand or more, through its board of commissioners may, from its general fund, contribute to the support of a program of safety and the prevention of accidents. Such support may be, in whole or in part, to a safety council operated on any plan of membership and action as formulated by the National Safety Council.
Source:
SL 1971, ch 49.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-14 - Flood control cooperative agreements authorized.

7-18-14. Flood control cooperative agreements authorized.
Every county shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate with and furnish assurances of cooperation and sponsorship as required by federal or state law in preventing or controlling flooding.
Source:
SL 1971, ch 48; SL 1972, ch 46.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-15 - County powers in implementation of flood control programs.

7-18-15. County powers in implementation of flood control programs.
Every county shall have power
(1)To prevent or control flooding within its boundaries which endangers property;
(2)To enter into agreements with the United States, with the State of South Dakota, and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling such flooding;
(3)To acquire by lease, purchase, gift, grant-in-aid, condemnation, or other lawful means and hold in its name for use and control as provided by law both real and personal property and easements and rights of way within the boundaries of the county for all purposes necessary to prevent or control such flooding; and
(4)For any and all of the foregoing purposes, to appropriate moneys therefor.
Source:
SL 1971, ch 48.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-16 - Rental facilities for economic development--Power to issue revenue bonds.

7-18-16. Rental facilities for economic development--Power to issue revenue bonds.
All powers conferred upon municipalities under chapter 9-54 relating to the power to issue revenue bonds shall also be applicable to any county.
Source:
SL 1972, ch 45, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-17 - Rental facilities for economic development--Agreements for joint or cooperative action.

7-18-17. Rental facilities for economic development--Agreements for joint or cooperative action.
Any county, in order to accomplish the purposes provided in chapter 9-54, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24.
Source:
SL 1972, ch 45, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-18 - Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.

7-18-18. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any county with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the county or by the volunteer firefighters and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source:
SL 1986, ch 71, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-18.1 - Deferred compensation program for volunteer advanced life support personnel.

7-18-18.1. Deferred compensation program for volunteer advanced life support personnel.
Any county with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the county or by the volunteer advanced life support personnel and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source:
SL 2011, ch 36, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-19 - County authorized to provide funds for air carrier air service.

7-18-19. County authorized to provide funds for air carrier air service.
A county may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled air carrier under contract with the South Dakota Airline Authority. Funds provided by a county to pay compensation for such air service shall be budgeted pursuant to chapter 7-21.
Source:
SL 1988, ch 376, §2; SL 1990, ch 377, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-20 - Adoption of ordinances to protect groundwater authorized--Scope and purpose--Agreements to implement and enforce wellhead protection program.

7-18-20. Adoption of ordinances to protect groundwater authorized--Scope and purpose--Agreements to implement and enforce wellhead protection program.
A county may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to §34A-3A-17, and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A county may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.
Source:
SL 1989, ch 306, §44.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-21 - Temporary campgrounds--Permit required.

7-18-21. Temporary campgrounds--Permit required.
The provisions of chapter 34-18 notwithstanding, a county may require that the owners or operators of temporary campgrounds secure a permit from the county before operating as a temporary campground within the county. For the purposes of this section, a temporary campground is any campground which operates at a fixed location for a temporary period of time in connection with a fair, carnival, public exhibition, or similar gathering. The owner or operator of a temporary campground shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a temporary campground permit.
Source:
SL 1991, ch 62, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-22 - Special events--Permits.

7-18-22. Special events--Permits.
A county may require that the promoters of a special event secure a permit from the county before a special event may be conducted within the county unless the special event is carried on exclusively within the boundaries of a municipality. For the purposes of this section, a special event includes a fair, carnival, concert, public exhibition, or similar gathering except for special events sponsored, in whole or in part, by an accredited South Dakota educational institution. The promoter of a special event shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a special event permit.
Source:
SL 1991, ch 62, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-23 - County funded fire protection services.

7-18-23. County funded fire protection services.
The board of county commissioners of this state may organize and fund fire protection services for that part of the county that does not have fire protection service provided and funded by a township or rural fire protection district or by a volunteer fire department that is funded wholly or in part by donations from the people served by such department. The board of county commissioners may employ such personnel and purchase such equipment and supplies as necessary to provide such fire protection. The expenses incurred by the county pursuant to this section shall be within the maximum tax levy pursuant to §10-12-21.
Source:
SL 1991, ch 68, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-24 - Petition for public hearing on sale of gravel by county.

7-18-24. Petition for public hearing on sale of gravel by county.
If no private person sells crushed gravel within a county, twenty residents of such county may petition the board of county commissioners to hold a public hearing on the sale of gravel by the county.
Source:
SL 1992, ch 57, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-25 - Scheduling public hearing on sale of gravel--Notice.

7-18-25. Scheduling public hearing on sale of gravel--Notice.
If the board of county commissioners receives a petition pursuant to §7-18-24, the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two successive weeks in the legal newspapers of the county.
Source:
SL 1992, ch 57, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-26 - Public testimony--Authorization to sell gravel--Resale prohibited.

7-18-26. Public testimony--Authorization to sell gravel--Resale prohibited.
At a hearing held pursuant to §§7-18-24 to 7-18-27, inclusive, the board of county commissioners shall take public testimony on the question of whether the county should sell gravel. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to sell gravel, the board may authorize the sale of gravel by the county to the residents of such county for not less than the county's cost for such gravel. No person who purchases gravel from a county pursuant to this section may sell such gravel.
Source:
SL 1992, ch 57, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-27 - Annual hearing on continuance of sale of gravel--Notice.

7-18-27. Annual hearing on continuance of sale of gravel--Notice.
The board of county commissioners shall annually hold a public hearing on the continuance of the sale of gravel by the county. Such hearing shall be published pursuant to §7-18-25.
Source:
SL 1992, ch 57, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-28 - Lease of federal or state real property for public purposes.

7-18-28. Lease of federal or state real property for public purposes.
Any county may lease real property within the county from federal or state agencies to promote, establish, and maintain recreational, industrial, or economic development opportunities, and may sublease the property to any person for any such authorized public purpose. Any lease or sublease shall be authorized on the terms and in the manner provided by resolution of the commissioners, and the provisions of chapter 7-30 do not apply.
Source:
SL 1992, ch 56.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-29 - Authority of county commissioners to regulate hawkers, peddlers, pawnbrokers, ticket scalpers or employment agencies.

7-18-29. Authority of county commissioners to regulate hawkers, peddlers, pawnbrokers, ticket scalpers or employment agencies.
Each board of county commissioners may license, tax, regulate, or prohibit any hawkers, peddlers, pawnbrokers, ticket scalpers, or employment agencies not otherwise licensed, taxed, regulated, or prohibited pursuant to §9-34-8.
Source:
SL 1994, ch 64, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-30 - Lease, sale, gift or conveyance by county authorized.

7-18-30. Lease, sale, gift or conveyance by county authorized.
Any county may lease or sell or give and convey any personal or real property of the county or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conveyance, or the performance of such work, to be authorized, shall be made or done on the terms and in the manner provided by resolution of the governing body.
Source:
SL 1996, ch 55, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-31 - Conditions of lease of county-owned property.

7-18-31. Conditions of lease of county-owned property.
Any county may lease its county-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body.
Source:
SL 1996, ch 55, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-32 - Hearing required for lease of certain property.

7-18-32. Hearing required for lease of certain property.
If the governing body decides to lease any county-owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines.
Source:
SL 1996, ch 55, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-33 - Application of chapter 7-30.

7-18-33. Application of chapter 7-30.
The provisions of chapter 7-30 do not apply to §§7-18-30 to 7-18-32, inclusive.
Source:
SL 1996, ch 55, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18 - Corporate Powers And Obligations Of Counties › Section 7-18-34 - Contributions to technical colleges.

7-18-34. Contributions to technical colleges.
Any county of this state may, through its county commissioners, contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the county general fund, the capital outlay fund, or both.
Source:
SL 2014, ch 93, §2, eff. Mar. 28, 2014; SL 2020, ch 61, § 34.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-1 - Definition of terms.

7-18A-1. Definition of terms.
Terms used in this chapter, unless the context plainly requires otherwise, shall mean:
(1)"Board," a board of county commissioners;
(2)"Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers;
(3)"Publish," publication in the official county newspapers;
(4)"Resolution," any determination, decision, or direction of a board of county commissioners of a special or temporary character, made for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
Source:
SL 1975, ch 82, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-2 - Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.

7-18A-2. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any or all of the following:
(1)A fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment; or
(2)An action for civil injunctive relief, pursuant to chapter 21-8.
Source:
SL 1975, ch 82, §2; SL 1989, ch 67, §1; SL 1991, ch 187, §1; SL 2007, ch 39, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-4 - Ordaining clause.

7-18A-4. Ordaining clause.
The style of all ordinances shall be as follows: "An ordinance ________ (inserting the title)" followed by: "Be it ordained by ________ county," followed by the substance of the ordinance.
Source:
SL 1975, ch 82, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-5 - Reading, signing, filing, and publication required.

7-18A-5. Reading, signing, filing, and publication required.
The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. Any ordinance shall be signed by the chairman of the board or the acting chairman, filed with the county auditor and published once. However, an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but, upon adoption of such an ordinance, the auditor shall publish a notice of the fact of adoption once a week for two successive weeks.
Source:
SL 1975, ch 82, §7; SL 1989, ch 68; SL 2021, ch 38, § 1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-6 - Vote on ordinances--Entry in minutes.

7-18A-6. Vote on ordinances--Entry in minutes.
The vote on all ordinances on the second reading shall be taken by yeas and nays and entered in the minutes of the meeting.
Source:
SL 1975, ch 82, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-7 - Passage of resolutions--Record of votes--Publication in minutes.

7-18A-7. Passage of resolutions--Record of votes--Publication in minutes.
A resolution may be passed after one reading. It shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against the same. It shall be published in full as part of the minutes of the board.
Source:
SL 1975, ch 82, §9.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-8 - Effective date of ordinances and resolutions--Exceptions.

7-18A-8. Effective date of ordinances and resolutions--Exceptions.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the county government and its existing public institutions; which provide for an election or hearing on an improvement or assessment; or which call for bids which take effect upon the passage and publication thereof, every resolution or ordinance passed by a board shall take effect on the twentieth day after its completed publication unless suspended by operation of a referendum.
Source:
SL 1975, ch 82, §10.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-9 - Initiated measures--Number of voters required.

7-18A-9. Initiated measures--Number of voters required.
The right to propose ordinances and resolutions for the government of a county shall rest with five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election.
Source:
SL 1975, ch 82, §19; SL 1987, ch 67, §6.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-10 - Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.

7-18A-10. Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.
An initiated ordinance may not be proposed which would nullify such ordinances or resolutions as may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions, or which would nullify the purpose for which bonds have been sold by a county pursuant to statutory authority, unless proposed within a period of thirty days after the first publication of the advertisement of the notice of sale of such bonds.
Source:
SL 1975, ch 82, §22.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-11 - Initiative petition--Form and contents.

7-18A-11. Initiative petition--Form and contents.
The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall add the signer's place of residence and the month and day 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:
SL 1975, ch 82, §20; SL 1985, ch 53; SL 1990, ch 104, §2; SL 1992, ch 110, §3; SL 2010, ch 74, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-12 - Affidavit required of circulators of petition.

7-18A-12. Affidavit required of circulators of petition.
Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either the circulator or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.
Source:
SL 1975, ch 82, §21; SL 1989, ch 69; SL 2016, ch 44, §48.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-13 - Board action on initiative petition--Submission to voters.

7-18A-13. Board action on initiative petition--Submission to voters.
If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting. The board shall enact the proposed ordinance or resolution and shall submit it to a vote of the voters in the manner prescribed for a referendum within sixty days after the final enactment. However, if the petition is filed within three months prior to the primary or general election, the ordinance or resolution may be submitted at the primary or general election.
Source:
SL 1975, ch 82, §23; SL 1983, ch 47, §1; SL 2016, ch 44, §49.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-14 - Majority vote required for approval of initiated measure--Effective date.

7-18A-14. Majority vote required for approval of initiated measure--Effective date.
No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution takes effect upon the completion of the canvass of the election returns.
Source:
SL 1975, ch 82, §24; SL 2016, ch 44, §50.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-15 - Referendum petition--Number of signatures required--Emergency measures excepted.

7-18A-15. Referendum petition--Number of signatures required--Emergency measures excepted.
Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions as may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the county government and its existing public institutions.
Source:
SL 1975, ch 82, §25; SL 1988, ch 63, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-15.1 - Legislative decision of board subject to referendum--Administrative decision not subject to referendum.

7-18A-15.1. Legislative decision of board subject to referendum--Administrative decision not subject to referendum.
Any legislative decision of a board of county commissioners 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, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-16 - Time of filing referendum petition--Submission to voters required.

7-18A-16. Time of filing referendum petition--Submission to voters required.
A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance or resolution to a vote of the qualified voters of the county for rejection or approval of the ordinance or resolution.
Source: SL 1975, ch 82, §26; SL 2022, ch 20, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-17 - Description in petition of referred matters.

7-18A-17. Description in petition of referred matters.
If the matter intended to be covered by a 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 1975, ch 82, §27.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-18 - Signature requirements for referendum petition--Verification.

7-18A-18. Signature requirements for referendum petition--Verification.
Voters signing a referendum petition shall comply with the requirements of §7-18A-11, and it shall be verified in accordance with §7-18A-12.
Source:
SL 1975, ch 82, §28.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-18.1 - Certification regarding petition signatures by county auditor--Notice to petition sponsors.

7-18A-18.1. Certification regarding petition signatures by county auditor--Notice to petition sponsors.
If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the ballot pursuant to the provisions of this chapter. If the validation process of the petition indicates that an insufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on a ballot pursuant to the provisions of this chapter. The county auditor shall, within five days of certifying, notify the petition sponsors by certified mail of the county auditor's action pursuant to this section.
Source:
SL 2017, ch 12, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-19 - Special election on referendum petition--Submission at primary or general election.

7-18A-19. Special election on referendum petition--Submission at primary or general election.
A special election shall be held within sixty days after the filing of a petition under §7-18A-15. However, if the petition is filed within three months prior to a primary, general, or statewide special election, the ordinance or resolution may be submitted at the primary, general, or statewide special election.
Source:
SL 1975, ch 82, §29; SL 1983, ch 47, §2; SL 2002, ch 40, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-20 - Publication of referred measure--Contents.

7-18A-20. Publication of referred measure--Contents.
The auditor shall have the entire referred ordinance or resolution published once a week for two successive weeks immediately preceding the election.
Such publication shall include a notice stating the day of election on which the ordinance or resolution will be submitted to the voters. If only a portion thereof is covered by the petition, the notice will state what portion will be submitted.
Source:
SL 1975, ch 82, §30.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-21 - Referendum ballot printing and distribution--Form and contents.

7-18A-21. Referendum ballot printing and distribution--Form and contents.
The auditor shall have ballots printed for the vote upon the referred ordinance or resolution and have them 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 state's attorney.
All questions to be voted upon at the same election may be submitted upon the same ballot.
Source:
SL 1975, ch 82, §31.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-22 - Majority vote required to approve referred measure--Effective date.

7-18A-22. Majority vote required to approve referred measure--Effective date.
No referred ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If approved, it shall take effect upon completion of the canvass of the election returns relating thereto.
Source:
SL 1975, ch 82, §32.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-23 - Preservation of referendum petitions--Public inspection.

7-18A-23. Preservation of referendum petitions--Public inspection.
The auditor shall preserve all petitions invoking the referendum for at least two years. The petitions shall be open to public inspection upon reasonable request.
Source:
SL 1975, ch 82, §33.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-24 - Waiting period before second vote on initiated or referred question.

7-18A-24. Waiting period before second vote on initiated or referred question.
No question contained in a referred or initiated ordinance or resolution may be voted upon again within one year from the date of the election thereon.
Source:
SL 1975, ch 82, §34.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-25 - Ordinance book kept--Contents.

7-18A-25. Ordinance book kept--Contents.
After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the "Ordinance Book" and shall file the affidavit of publication with the original ordinance.
Source:
SL 1975, ch 82, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-25.1 - Posting of ordinance book on county website.

7-18A-25.1. Posting of ordinance book on county website.
If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted.
Source:
SL 2019, ch 50, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-27 - Compilation of ordinances in book form--Publication.

7-18A-27. Compilation of ordinances in book form--Publication.
Every county shall have power to compile its ordinances without revision or amendment, not more often than once in five years, for publication in book form. The compilation shall be effective without the publication required for ordinances.
Source:
SL 1975, ch 82, §12.