6-12-6. Restrictions on power of home rule units.
The power of a home rule unit does not include the power to:
(1)Enact private or civil law governing civil relationships except as incident to the exercise of an independent county or municipal power;
(2)Define and provide for the punishment of a crime, but this limitation shall not abridge the power of a home rule unit to provide punishment for the violation of ordinances or charter provisions by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months or by both such fine and imprisonment;
(3)Abridge laws relating to elementary and secondary education;
(4)Change assessment practices and procedures relating to ad valorem taxation of property;
(5)Exempt itself from providing the necessary personnel and facilities to perform services required by general law to be performed by a like unit or units of local government;
(6)Deny referendum on ordinances or bylaws provided by chapter 9-19;
(7)Regulate rates or conditions of service of any public utility regulated by the South Dakota Public Utilities Commission.
Source: SL 1974, ch 52, §6; SL 1975, ch 283, §56.
Structure South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 12 - Home Rule Charters
Section 6-12-1 - Expenses and cost of charter preparation and election.
Section 6-12-2 - Voting on proposal--Alternatives.
Section 6-12-3 - Alternatives proposed by board action on initiated petition.
Section 6-12-4 - Governmental structure to be established in charter.
Section 6-12-5 - Standards to be at least as stringent as state law.
Section 6-12-6 - Restrictions on power of home rule units.
Section 6-12-7 - Time of election on charter proposal by commission.
Section 6-12-8 - Special election on home rule charter--Exception.
Section 6-12-8.1 - Initiation of the action defined.
Section 6-12-9 - Preparation for election--Time of election on initiated charter.
Section 6-12-10 - Application of general election laws.
Section 6-12-11 - Filing of adopted charter with secretary of state--Violation--Effect.
Section 6-12-12 - Chapter not to invalidate prior proceedings.