reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-28 - Revision committee appointed by board.

7-18A-28. Revision committee appointed by board.
Each board, not more often than once every five years, may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance which revises the ordinances of the county.
Source:
SL 1975, ch 82, §14.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-29 - Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.

7-18A-29. Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.
Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, that an ordinance in revision was adopted. Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper. The board shall publish the revised ordinances in book form.
Source:
SL 1975, ch 82, §15.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-30 - Admissibility of ordinances and resolutions as evidence.

7-18A-30. Admissibility of ordinances and resolutions as evidence.
An original ordinance or resolution, the record in the ordinance book or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of a board are admissible in evidence without further proof.
Source:
SL 1975, ch 82, §16.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-31 - Proof of compliance with procedural provisions not required unless controverted.

7-18A-31. Proof of compliance with procedural provisions not required unless controverted.
In any action or proceeding instituted pursuant to an ordinance or resolution passed pursuant to this chapter, it shall not be required to show compliance with the provisions of this chapter as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.
Source:
SL 1975, ch 82, §17.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-32 - Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.

7-18A-32. Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.
Actions for violations of county ordinances shall be civil cases and the county shall be the plaintiff. The actions shall be commenced by the filing of a complaint and the response thereto shall be by oral plea or written answer. Conduct for the trials of violation of county ordinances and resolutions shall be governed by the procedure used in all proceedings for violations of ordinances and bylaws of units of local government of this state as referred to in §23A-1-1. If the procedure does not cover or apply to a specific portion of the proceeding, the rules of civil procedure apply.
Source:
SL 1975, ch 82, §2; SL 1989, ch 67, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-33 - Degree of proof when jail sentence authorized.

7-18A-33. Degree of proof when jail sentence authorized.
In the prosecution for the violation of any county ordinance which authorizes a penalty of a jail sentence, the county shall prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt.
Source:
SL 1975, ch 82, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-34 - Appeal to circuit court from magistrate court--Trial de novo and jury trial.

7-18A-34. Appeal to circuit court from magistrate court--Trial de novo and jury trial.
In any action or proceeding brought in magistrate court for the violation of an ordinance or resolution passed pursuant to this chapter, the defendant shall have the right to appeal the verdict to the circuit court and the right to a trial de novo and a jury trial in the circuit court.
Source:
SL 1975, ch 82, §18.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-35 - Disposition of fines and penalties.

7-18A-35. Disposition of fines and penalties.
All fines, penalties, and forfeitures collected for violations of a county ordinance, resolution, or charter shall be distributed in accordance with §16-2-34.
Source:
SL 1975, ch 82, §4; SL 1984, ch 12, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-36 - Firearms regulation prohibited--Action by attorney general.

7-18A-36. Firearms regulation prohibited--Action by attorney general.
No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source:
SL 1983, ch 38, §2; SL 2019, ch 51, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 18A - Ordinances And Resolutions › Section 7-18A-37 - Criminal background check of persons seeking employment with county.

7-18A-37. Criminal background check of persons seeking employment with county.
Any county may, by ordinance, require any person over eighteen years of age seeking employment with the county to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The ordinance shall specify which occupations or positions require a criminal background check. The county may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the county all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of employment.
Source:
SL 2010, ch 38, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-1 - Circuit court authorization for commencement and prosecution of action.

7-19-1. Circuit court authorization for commencement and prosecution of action.
The state's attorney may commence and prosecute actions in the name of and on behalf of the county as provided in this chapter.
If in the opinion of the state's attorney the commencement and prosecution of any action is necessary to protect the interests of the county in any matter or to recover any money due the county from any person, the state's attorney may present to the judge of the circuit court of the circuit in which the county is situated a summons and complaint in such matter and ask leave of the judge to commence such action. If it appears to the judge that the interests of the county presumably require the prosecution of the action, the judge shall endorse the summons. Then the state's attorney may commence and prosecute the action.
Source:
SL 1897, ch 115, §§1 to 3; RPolC 1903, §§941 to 943; RC 1919, §§6011 to 6013; SDC 1939, §12.1303; SL 2016, ch 44, §52.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-2 - County purchase of real estate sold on execution.

7-19-2. County purchase of real estate sold on execution.
If any real estate is advertised to be sold at execution sale, held pursuant to any judgment in an action to which any county shall be a party, the board of county commissioners of the county may instruct the county auditor to bid on the real estate in the name of the county. The commissioners shall fix the maximum price for the auditor to bid for the real estate. The county auditor upon the receipt of the instructions shall attend the sale. The county auditor shall bid on the real estate, but may not exceed the maximum amount fixed by the board. The county auditor shall purchase the real estate at the lowest price at which the real estate can be procured. Any county may hold in its own name and for its own benefit all real estate acquired under the provisions of this section.
Source:
SL 1891, ch 43, §§1 to 3; RPolC 1903, §§797 to 799; RC 1919, §§5793 to 5795; SDC 1939, §12.1915; SL 2016, ch 44, §53.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-3 - Compromise of mortgage indebtedness authorized on refinancing.

7-19-3. Compromise of mortgage indebtedness authorized on refinancing.
Whenever any school fund mortgage or courthouse or jail building fund loan mortgage held by any county is in default and is being refinanced through any other loaning agency, and the total amount due thereon for principal, interest, and taxes is greater than the value of the real estate securing such mortgage, and it is impossible to collect the full amount of said mortgage indebtedness by foreclosure of said mortgage or otherwise, the board of county commissioners may in its discretion compromise the amount due on such mortgage for cash or federal farm mortgage corporation bonds which said compromise shall be in full satisfaction of any such loan if in the opinion of said board such compromise would be to the advantage and best interest of said county.
Source:
SL 1935, ch 81, §1; SDC 1939, §12.1916.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-4 - Resolution for compromise of mortgage indebtedness.

7-19-4. Resolution for compromise of mortgage indebtedness.
The compromise authorized by §7-19-3 shall be by resolution duly made and entered of record, setting forth the description of the land secured by said mortgage, the amount due thereon for principal, interest, and taxes, and the sum for which said mortgaged indebtedness is being compromised, which said resolution shall be passed by a unanimous affirmative vote of said board of county commissioners.
Source:
SL 1935, ch 81, §2; SDC 1939, §12.1916.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-5 - Circuit court hearing and confirmation of mortgage indebtedness compromise.

7-19-5. Circuit court hearing and confirmation of mortgage indebtedness compromise.
After the passage of the resolution required by §7-19-4, it shall be the duty of the county auditor within three days to notify the state's attorney in writing of the adoption of the same. The state's attorney shall thereupon petition the circuit court for an order approving and confirming said compromise. Such petition shall be brought on for hearing upon notice setting forth the contents of said resolution and the time and place of hearing said petition which said notice shall be published once in an official newspaper of the county at least six days prior to said hearing.
Source:
SL 1935, ch 81, §2; SDC 1939, §12.1916.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-6 - Validation of prior mortgage compromises by county commissioners.

7-19-6. Validation of prior mortgage compromises by county commissioners.
Any school fund loan mortgage or courthouse or jail building fund mortgage compromised by any board of county commissioners before February 16, 1935, is hereby legalized and declared to be valid, if such compromise was made in good faith and in the interest and to the advantage of the county.
Source:
SL 1935, ch 81, §3; SDC 1939, §12.1916.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-7 - School mortgage obligation to state unimpaired.

7-19-7. School mortgage obligation to state unimpaired.
Nothing contained in §§7-19-3 to 7-19-6, inclusive, shall in any way relieve any county from paying the full amount of principal and interest due to the State of South Dakota on any school fund loan mortgage compromised.
Source:
SL 1935, ch 81, §4; SDC 1939, §12.1916.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-8 - Action to set aside mortgage compromise prohibited.

7-19-8. Action to set aside mortgage compromise prohibited.
In all cases where a board of county commissioners of any county has, prior to July 1, 1935, effected a compromise settlement of any indebtedness secured by a state permanent school fund mortgage, no action or proceeding shall be maintained to invalidate or set aside such compromise settlement or the satisfaction of such mortgage on the ground of lack of authority of such board to effect such compromise settlement, any existing statute to the contrary notwithstanding.
Source:
SL 1935, ch 145, §1; SDC 1939, §12.1917.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 19 - Prosecution Of Claims By County › Section 7-19-9 - Action to set aside county conveyance after mortgage compromise prohibited.

7-19-9. Action to set aside county conveyance after mortgage compromise prohibited.
In all cases where real property has, prior to July 1, 1935, been conveyed by deed to any county in satisfaction of a mortgage on said land securing the payment of a state permanent school fund loan and such real property has been thereafter conveyed by such county, no action or proceeding to invalidate, set aside, or annul such conveyance by the county on the ground of any alleged defect in the proceeding for the acquisition of such real property by such county or in the proceedings for the subsequent conveyance of such property by the county shall be maintained, any existing statute to the contrary notwithstanding.
Source:
SL 1935, ch 145, §2; SDC 1939, §12.1917.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-1 - Banks eligible for deposits--Application for deposit.

7-20-1. Banks eligible for deposits--Application for deposit.
The county treasurer shall deposit and at all times keep on deposit the money in state or national banks within the state. A bank may apply for the privilege of keeping the county funds and shall state in the application the amount of money desired. If bond or securities are segregated as provided in §4-6A-3, the board of county commissioners shall approve the application.
Source:
SL 1897, ch 104, §1; RPolC 1903, §349; SL 1917, ch 204, §1; RC 1919, §6888; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, §12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1974, ch 39, §13; SL 1976, ch 72; SL 2016, ch 44, §54; SL 2017, ch 54, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-1.1 - Savings and loan associations as official depositories--Requirements--Maximum amount.

7-20-1.1. Savings and loan associations as official depositories--Requirements--Maximum amount.
Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for county funds; provided such funds are invested only in the accounts of such associations which are insured by the Federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A.
Source:
SL 1974, ch 303; SL 1982, ch 45, §2; SL 2017, ch 54, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-1.2 - Domestic federal credit union as official depository--Requirement.

7-20-1.2. Domestic federal credit union as official depository--Requirement.
Any domestic federal credit union chartered by the United States is a qualified public depository for county funds if such funds are invested in accounts which are insured by the National Credit Union Administration.
Source:
SL 1987, ch 71, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-3 - Deposit permitted despite interest of county official.

7-20-3. Deposit permitted despite interest of county official.
A bank may be selected as a depository for the keeping of county funds notwithstanding a county official may be a stockholder or officer therein, nor shall such action constitute a crime on the part of such county official.
Source:
SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, §12.0818; SL 1941, ch 29, §1; SL 1957, ch 18, §1; SL 1959, ch 24, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-9 - Forms of deposit--Crediting of interest from deposits--Signatures required on checks.

7-20-9. Forms of deposit--Crediting of interest from deposits--Signatures required on checks.
All moneys shall be deposited in such banks in demand accounts, savings accounts, or on time deposit, and any interest accrued from such deposits shall be credited to the respective funds or the general fund. All such demand deposits are subject to payment if demanded by the county treasurer on the county treasurer's check, countersigned by the county auditor.
Source:
SDC 1939, §12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 1995, ch 42.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-10 - Maximum deposit in one bank.

7-20-10. Maximum deposit in one bank.
No bank at any time shall have on deposit county funds of any one county in excess of one hundred percent of the capital and surplus of such bank.
Source:
SL 1897, ch 104, §3; RPolC 1903, §351; SL 1917, ch 204, §1; RC 1919, §6888; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, §12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-12 - Removal of officer neglecting to comply--Treasurer not liable for loss of money deposited in compliance.

7-20-12. Removal of officer neglecting to comply--Treasurer not liable for loss of money deposited in compliance.
Any county officer neglecting or refusing to comply with the provisions of §§7-20-1 to 7-20-11, inclusive, is subject to removal from office. No county treasurer is liable on the county treasurer's official bond for any loss of money deposited in compliance with the provisions of these sections.
Source:
SL 1897, ch 104, §8; RPolC 1903, §356; SL 1917, ch 204, §2; RC 1919, §§6888, 6889; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, §12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 2016, ch 44, §55.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-13 - Selection of active depositories.

7-20-13. Selection of active depositories.
In selecting depositories for the deposit of county funds, the board of county commissioners may designate one or more banks within the county as active depositories for the deposit and withdrawal, by the county treasurer, of daily receipts of cash, checks, drafts, and other cash items.
Source:
SL 1927, ch 80, §1; SDC 1939, §12.0819.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 20 - Deposit Of County Funds › Section 7-20-14 - Active depositories not limited by maximum amount--Authority to exceed statutory maximum.

7-20-14. Active depositories not limited by maximum amount--Authority to exceed statutory maximum.
The limit of deposit which may be carried or deposited in any bank by the county treasurer, as provided in §7-20-10, does not apply to any bank designated as active depositories. However, no county treasurer may deposit in a bank more than the limit provided for by §7-20-10 unless the county treasurer receives express authority from the board of county commissioners evidenced by a resolution of such board authorizing the deposit of a greater amount.
Source:
SL 1927, ch 80, §1; SDC 1939, §12.0819; SL 2016, ch 44, §56.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-1 - Definition of terms.

7-21-1. Definition of terms.
Terms used in this title, unless the context otherwise plainly requires, are defined as follows:
(1)"Institutions and agencies," when used in connection with a county, all subdivisions and departments of a county which are under the supervision or control of the board of county commissioners;
(2)"Fiscal year," the twelve months period ending on the thirty-first day of December, each year;
(3)"Current fiscal year," the then existing fiscal year;
(4)"Next fiscal year" or "following fiscal year," the fiscal year following the fiscal year in which the budget is adopted and levies made.
Source:
SL 1927, ch 79, §2; SDC 1939, §12.2001.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-2 - Commissioners to adopt annual budget.

7-21-2. Commissioners to adopt annual budget.
It shall be the duty of the board of county commissioners of each and every county to prepare and adopt an annual budget of all of the contemplated expenditures and revenues of the county and all of its institutions and agencies for each fiscal year, save and except so much of such contemplated expenditures as are for the making or maintenance of special improvements.
Source:
SL 1927, ch 79, §4; SDC 1939, §12.2002.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-3 - Auditor's annual report of transactions for previous fiscal year.

7-21-3. Auditor's annual report of transactions for previous fiscal year.
Not later than the first day in June in each year, the county auditor must make and present to the board for its use at the meeting thereof to be held in July for consideration of the annual budget for the following fiscal year a report showing:
(1)The amount of all budget appropriations for each purpose and object and for each item thereof, for each office, board, bureau, department, institution, and agency for the fiscal year immediately preceding, and showing the total amount of such appropriations payable out of each particular fund;
(2)The total amount expended by, through, or for each office, board, bureau, department, institution, and agency, and for each purpose and object and each item thereof, during the whole of the fiscal year immediately preceding, and showing the amount of such expenditures paid out of each particular fund;
(3)An estimate of the amount of all claims and demands on account of liabilities incurred or created during the fiscal year immediately preceding in payment for which no warrants, certificates, or orders have been issued, such estimate showing the amount of such claims and demands payable out of each particular fund;
(4)The balance unpaid on each contract payable out of any budget appropriation for the fiscal year immediately preceding;
(5)The amount of surplus, if any, in the appropriation for each office, board, bureau, department, institution, and agency, and in the appropriation for each purpose and object and such item thereof, for the fiscal year immediately preceding, at the close of such fiscal year, after deducting therefrom the estimated amount of unpaid claims and demands and all balances on contracts payable out of such appropriations;
(6)The balance in money, if any, in each fund at the close of the fiscal year immediately preceding;
(7)The total amount of all revenues received by, paid into, or deposited to the credit of each particular fund of the county and its institutions and agencies during the fiscal year immediately preceding, proper deductions and additions being made for all transfers made from one fund to another during such fiscal year.
Source:
SL 1927, ch 79, §13; SDC 1939, §12.2011.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-4 - Filing and examination of auditor's report.

7-21-4. Filing and examination of auditor's report.
All reports made by the county auditor under §7-21-3, after being examined by the board, shall be filed in the office of the county auditor and shall be subject to inspection and examination by all interested persons during all office hours of such county auditor.
Source:
SL 1927, ch 79, §13; SDC 1939, §12.2011.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-5 - Preparation and filing of provisional budget.

7-21-5. Preparation and filing of provisional budget.
From the estimates of revenues and expenditures made as provided for in §7-21-3, and from such other information as may be required and obtained by the board of county commissioners, the board of each county must, between the fifteenth and thirtieth days of July in each year, make, prepare, and file in the office of the county auditor a provisional budget, for the following fiscal year.
Source:
SL 1927, ch 79, §5; SDC 1939, §12.2003; SL 1993, ch 86, §34.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-6 - Contents of provisional budget.

7-21-6. Contents of provisional budget.
The provisional budget required by §7-21-5 shall contain:
(1)A detailed statement of the amount of revenues likely to be received from each and every source during the following fiscal year, the amount of revenue received from each and every source during the current fiscal year, and the estimated unexpended balance of money remaining in each fund at the close of the current fiscal year, together with an estimate of all debts and liabilities incurred or created during such fiscal year, and payable out of each of such funds, but remaining unpaid at the close of the fiscal year;
(2)The respective amounts proposed to be appropriated for expenditures for county purposes or its officers or departments or agencies thereof, during the following fiscal year.
Source:
SL 1927, ch 79, §5; SDC 1939, §12.2003.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-6.1 - Line item for contingencies included in annual budget--Amount and source.

7-21-6.1. Line item for contingencies included in annual budget--Amount and source.
In preparing the provisional budget as provided by §7-21-6 the board of county commissioners may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to §7-21-12 and shall not exceed five percent of the total county budget. The amount to be budgeted for the contingency shall be included in the appropriation for the county commissioners out of general fund revenues.
Source:
SL 1974, ch 66, §§1, 2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-8 - Publication of notice of commissioners' budget meeting.

7-21-8. Publication of notice of commissioners' budget meeting.
After the provisional budget has been filed in the office of the county auditor, the board of county commissioners shall publish a notice once a week for two successive weeks in the official newspapers of the county. The last notice shall be published before the first Tuesday in September, and the notice shall state where and when the board will meet. The board shall meet on the first Tuesday in September for the purpose of considering the budget and the various estimates, items, schedules, amounts, appropriations, and matters contained in the provisional budget. If the board meets prior to the first Tuesday in September for such purpose, the board shall designate certain days in the minutes of the board and the notice. However, the board shall also hold the hearing required on the first Tuesday in September. It shall also be stated in the notice that at any meeting of the board held for the purpose of considering the budget, any interested person may appear, either in person or by representative, and be heard and given an opportunity for a full and complete discussion of all the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters set forth and contained in the provisional budget.
Source:
SDC 1939, §12.2004; SL 1951, ch 29, §1; SL 1972, ch 43, §2; SL 2001, ch 39, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-8.1 - Publication of text of provisional budget.

7-21-8.1. Publication of text of provisional budget.
With the first notice published pursuant to §7-21-8, the text of the provisional budget shall also be published. The text shall include each major revenue source and expenditure classified by function, subfunction and activity as defined by the auditor general.
Source:
SL 1927, ch 79, §6; SDC 1939, §12.2004; SL 1951, ch 29, §1; SDCL, §7-21-8; SL 1972, ch 43, §3; SL 1984, ch 49, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-9 - Commissioners' meeting for consideration of budget--Hearing of interested persons.

7-21-9. Commissioners' meeting for consideration of budget--Hearing of interested persons.
At the time and place designated in the notice required by §7-21-8, the board shall meet for the purpose of considering the provisional budget. The board may adjourn from day to day for further consideration. The board's minutes shall include the day and hour to which each meeting is adjourned. At such meetings any person interested in the provisional budget may appear, either in person or by representative, and shall be permitted to fully discuss the provisional budget and all of the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters contained in the provisional budget. All consideration and hearings on the provisional budget shall be fully concluded by October first of each year.
Source:
SDC 1939, §12.2005; SL 1994, ch 66, §1; SL 2001, ch 39, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-10 - Amendment and correction of provisional budget by commissioners.

7-21-10. Amendment and correction of provisional budget by commissioners.
At any meeting held pursuant to §7-21-9 and during the consideration of the provisional budget by the board, the board may eliminate, amend, correct, change, or alter any of the purposes, objects, items, schedules, appropriations, amounts, estimates, or matters contained in the provisional budget in such manner as the board may deem necessary and proper. All such amendments, eliminations, corrections, changes, alterations, insertions, and additions shall be made before the final approval and adoption of the budget by the board before October first of each year. All amendments, corrections, changes, alterations, eliminations, insertions, and additions made in or to the provisional budget shall be noted on the provisional budget and shall be entered at length in the minutes of the board.
Source:
SDC 1939, §12.2006; SL 1951, ch 29, §2; SL 1994, ch 66, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-11 - Maximum expenditures authorized in final budget.

7-21-11. Maximum expenditures authorized in final budget.
After all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made in and to said provisional budget, and when the same is approved and adopted as the annual budget for the next fiscal year, the aggregate of all amounts appropriated therein and to be paid out of each fund must not exceed ninety-five per centum of the amount of all estimated revenues to be received by such fund from all sources during the next fiscal year with the unexpended balance in money remaining in such fund at the close of the current fiscal year in so far as can be estimated.
Source:
SL 1927, ch 79, §8; SDC 1939, §12.2006; SL 1951, ch 29, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-12 - Resolution adopting provisional budget--Publication of adopted budget.

7-21-12. Resolution adopting provisional budget--Publication of adopted budget.
The board of county commissioners shall, before October first in each fiscal year, before finally determining or fixing any of the tax levies for the following fiscal year and after all amendments, corrections, changes, alterations, eliminations, insertions, and additions have been made to the provisional budget, pass and adopt a resolution approving and adopting the provisional budget as the annual budget of appropriations and expenditures for the county, its institutions and agencies for the following fiscal year. The resolution may not thereafter be subject to reconsideration or revision. No amendments, corrections, changes, alterations, insertions, or additions may thereafter be made to the annual budget. Any changes in the provisional budget incorporated into the adopted annual budget shall be published in the minutes of the meeting at which the provisional budget is adopted as the annual budget.
Source:
SL 1927, ch 79, §9; SDC 1939, §12.2007; SL 1951, ch 29, §3; SL 1972, ch 43, §4; SL 1984, ch 49, §2; SL 1993, ch 86, §35.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-13 - Signing, attestation, and filing of final budget.

7-21-13. Signing, attestation, and filing of final budget.
The resolution together with the budget as approved and adopted shall be signed by the members of the board, attested by the county auditor and filed in the office of the county auditor, and such budget, after approval and adoption, shall be known as the "annual budget for the fiscal year, beginning January 1st, 20____, and ending December 31st, 20____."
Source:
SL 1927, ch 79, §9; SDC 1939, §12.2007; SL 1951, ch 29, §3; SL 1984, ch 49, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-14 - Trust imposed by adoption of budget.

7-21-14. Trust imposed by adoption of budget.
The adoption of such annual budget shall impose a trust upon the separate amounts therein set forth and contained and appropriated for the specific uses, purposes, objects, and items therein named.
Source:
SL 1927, ch 79, §9; SDC 1939, §12.2007; SL 1951, ch 29, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-15 - Submission of budgets and tax levies to secretary of revenue.

7-21-15. Submission of budgets and tax levies to secretary of revenue.
The county auditor shall submit a copy of the annual budget as adopted, to the secretary of revenue together with a report of the annual levies, before the taxes are extended on the tax lists of the county.
Source:
SDC 1939, §12.2007 as added by SL 1951, ch 29, §3; SL 1974, ch 66, §3; SL 1996, ch 56.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16 - Debts and liabilities exceeding maximum tax levy prohibited.

7-21-16. Debts and liabilities exceeding maximum tax levy prohibited.
It shall be unlawful for the officers of any county, unless specially and expressly authorized by law, to contract any debt or incur any pecuniary liability, unless both the principal and annual interest thereof, in addition to other necessary disbursements, can be paid by the levy for the current year on the taxable property within the county at not exceeding the maximum rate prescribed by law; or in case such levy for the current year has been made, then by levy for the next subsequent year at not exceeding such maximum rate.
Source:
SL 1897, ch 28, §140; RPolC 1903, §2243; RC 1919, §6957; SDC 1939, §12.1901.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.1 - Counties authorized to enter lease-purchase agreement to lease real or personal property--Longer agreements for jails and juvenile detention facilities.

7-21-16.1. Counties authorized to enter lease-purchase agreement to lease real or personal property--Longer agreements for jails and juvenile detention facilities.
The provisions of §7-21-16 or any other provision of law notwithstanding, any county may enter into a lease-purchase agreement for a term of years, not exceeding ten, for the purchase or lease by the county of real or personal property. However, if a lease-purchase agreement is for the purchase or lease of a jail or juvenile detention facility, the agreement may be for a term of years, not exceeding twenty years.
Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the board of commissioners. The final adoption of any lease-purchase agreement shall be by resolution which may be referred pursuant to chapter 7-18A.
Source:
SL 1995, ch 37, §1; SL 1996, ch 57.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.2 - County authorized to issue promissory notes.

7-21-16.2. County authorized to issue promissory notes.
The provisions of §7-21-16 or any other provision of law notwithstanding, a county may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§7-21-16.3 to 7-21-16.6, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in §7-21-16.3 and do not constitute an indebtedness of the county within the meaning of any constitutional or statutory provisions or limitations. The notes shall specify the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§7-21-16.3 to 7-21-16.6, inclusive, and that the notes and the interest on the notes are payable from the sources specified in §§7-21-16.3 to 7-21-16.6, inclusive. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B. No election is required, and the notes may not be issued for a term in excess of five years.
Source:
SL 2012, ch 53, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.3 - Borrowing limit.

7-21-16.3. Borrowing limit.
The money borrowed pursuant to §7-21-16.2 may not exceed the sum of ninety-five percent of the amount of uncollected taxes levied by the county for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, that have been earned by the county or committed by the state or federal governments but not collected at the date of borrowing.
Source:
SL 2012, ch 53, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.4 - Reduction of borrowing limit for outstanding warrants or promissory notes.

7-21-16.4. Reduction of borrowing limit for outstanding warrants or promissory notes.
If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in §7-21-16.3 is reduced by the amount of the outstanding warrants or promissory notes.
Source:
SL 2012, ch 53, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.5 - Interest rate--Signatures.

7-21-16.5. Interest rate--Signatures.
The rate of interest for a promissory note authorized by §7-21-16.2 shall be stated on the note. The note shall be signed by the chair of the board of county commissioners and by the county auditor.
Source:
SL 2012, ch 53, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-16.6 - Notes not paid in full within term.

7-21-16.6. Notes not paid in full within term.
If a note authorized by §§7-21-16.2 to 7-21-16.5, inclusive, has been issued and not paid in full within the term provided in §7-21-16.2, no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.
Source:
SL 2012, ch 53, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-17 - Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded.

7-21-17. Contracts exceeding maximum tax levy void--Personal liability of consenting officers--Dissent to be recorded.
Each contract made in violation of the provisions of §7-21-16 is null and void in regard to any obligation thereby purported to be imposed on the county. However, any officer who made or authorized the contract is individually liable for its performance.
Each officer present when the unlawful contract is made, or authorized to be made is deemed to have participated in the making or authorization of the contract, unless the officer dissents therefrom and enters, or causes to be entered, such dissent on the records of the county.
Source:
SL 1897, ch 28, §140; RPolC 1903, §2243; RC 1919, §6957; SDC 1939, §12.1901; SL 2016, ch 44, §57.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-18 - Computation of amount to be raised by property tax.

7-21-18. Computation of amount to be raised by property tax.
Before October first in each fiscal year and after the annual budget for the following fiscal year has been approved and adopted, the board shall compute and determine:
(1)The total amount of all appropriations contained in the budget for the next fiscal year, and payable out of each particular fund;
(2)The total amount of revenue, except taxes on real property, likely to be received by each particular fund during the next fiscal year from all sources which includes the unobligated fund balance of each particular fund and excludes amounts authorized by law to be held in reserve;
(3)The difference between the total amount determined in subdivision (2) above, and the total amount determined in subdivision (1) above, and to the amount of such difference for each particular fund shall be added an amount equal to five percent of the total amount of all appropriations payable out of such fund during the next fiscal year and the total of such two amounts shall be the amount necessary to be raised for such fund during the next fiscal year by taxes on real property.
Source:
SL 1927, ch 79, §17; SDC 1939, §12.2015; SL 1981, ch 56, §1; SL 1992, ch 80, §2; SL 1993, ch 86, §36.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-18.1 - Unassigned general fund balance limitation.

7-21-18.1. Unassigned general fund balance limitation.
The total unassigned fund balance of the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year.
Source:
SL 1981, ch 56, §2; SL 2004, ch 70, §1; SL 2016, ch 46, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-19 - Annual tax levy on property--Limitation on levies to be observed.

7-21-19. Annual tax levy on property--Limitation on levies to be observed.
The board shall, after determining the amount of each fund pursuant to §7-21-18, levy a tax for each such fund sufficient to raise the required amount therefor. Nothing contained herein shall be construed to authorize any tax levy in excess of any limitation upon tax levies which are now or which may hereafter be imposed by any of the laws of this state.
Source:
SL 1927, ch 79, §17; SDC 1939, §12.2015.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-20 - Appropriations to be within budget--Additions to budget prohibited.

7-21-20. Appropriations to be within budget--Additions to budget prohibited.
The board of county commissioners must not at any time or in any manner whatsoever make or provide for any appropriation or appropriations or for any expenditure or expenditures for any purpose, object, or item whatever, other than in and by the annual budget for the fiscal year as hereinbefore provided, and must not after the approval and adoption of such annual budget for any fiscal year make or provide for any increase in or addition to any amount appropriated for any purpose, object, or item in such annual budget, save and except as provided by §§7-21-21 and 7-21-22.
Source:
SL 1927, ch 79, §10; SL 1929, ch 95; SDC 1939, §12.2008.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-20.1 - State and federal grants expended without budget--Publication.

7-21-20.1. State and federal grants expended without budget--Publication.
Any funds made available after the final budget is adopted by a county from state and federal grants for expenditure by the county shall be paid into the county treasury and may be expended without specific provision in the annual budget of the county. In this case the commissioners shall publish, in the official newspaper of the county, the purpose for which the expenditures were made and to whom the expenditures were made.
Source:
SL 1973, ch 42, §1; SL 1980, ch 56, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 21 - County Budget And Appropriations › Section 7-21-21 - Supplemental budget for unanticipated disaster.

7-21-21. Supplemental budget for unanticipated disaster.
In the event of an epidemic or disease or act of God, disaster, catastrophe, or accident, which results in damage to or destruction of any of the works, roads, buildings, or property of the county or any of its institutions or agencies, and the results of which have not been anticipated in the annual budget adopted for the fiscal year in which the same occur or take place, and which require the incurring of liabilities or expenditures of funds in connection with the suppression of the epidemic or disease, restoration of works, roads, buildings or property, or removing the menace above referred to, and restricted to causes where no other funds have been provided or appropriated therefor, the board may without further notice or hearing adopt a supplemental budget making and providing for an appropriation for the purpose and object, and for an amount deemed necessary, and may then incur liabilities or expend funds for such purpose, but not to exceed in the aggregate the amount specified in such supplemental budget.
Source:
SL 1927, ch 79, §10; SL 1929, ch 95; SDC 1939, §12.2008 (1).