South Dakota Codified Laws
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, ยง3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 7 - Counties

Chapter 18A - Ordinances And Resolutions

Section 7-18A-1 - Definition of terms.

Section 7-18A-2 - Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.

Section 7-18A-3 - One subject in title.

Section 7-18A-4 - Ordaining clause.

Section 7-18A-5 - Reading, signing, filing, and publication required.

Section 7-18A-6 - Vote on ordinances--Entry in minutes.

Section 7-18A-7 - Passage of resolutions--Record of votes--Publication in minutes.

Section 7-18A-8 - Effective date of ordinances and resolutions--Exceptions.

Section 7-18A-9 - Initiated measures--Number of voters required.

Section 7-18A-10 - Nullification by initiated ordinance of emergency provisions prohibited--Time for initiated measure to nullify bond purposes.

Section 7-18A-11 - Initiative petition--Form and contents.

Section 7-18A-12 - Affidavit required of circulators of petition.

Section 7-18A-13 - Board action on initiative petition--Submission to voters.

Section 7-18A-14 - Majority vote required for approval of initiated measure--Effective date.

Section 7-18A-15 - Referendum petition--Number of signatures required--Emergency measures excepted.

Section 7-18A-15.1 - Legislative decision of board subject to referendum--Administrative decision not subject to referendum.

Section 7-18A-16 - Time of filing referendum petition--Submission to voters required.

Section 7-18A-17 - Description in petition of referred matters.

Section 7-18A-18 - Signature requirements for referendum petition--Verification.

Section 7-18A-18.1 - Certification regarding petition signatures by county auditor--Notice to petition sponsors.

Section 7-18A-19 - Special election on referendum petition--Submission at primary or general election.

Section 7-18A-20 - Publication of referred measure--Contents.

Section 7-18A-21 - Referendum ballot printing and distribution--Form and contents.

Section 7-18A-22 - Majority vote required to approve referred measure--Effective date.

Section 7-18A-23 - Preservation of referendum petitions--Public inspection.

Section 7-18A-24 - Waiting period before second vote on initiated or referred question.

Section 7-18A-25 - Ordinance book kept--Contents.

Section 7-18A-25.1 - Posting of ordinance book on county website.

Section 7-18A-27 - Compilation of ordinances in book form--Publication.

Section 7-18A-28 - Revision committee appointed by board.

Section 7-18A-29 - Publication of notice of adoption of revision--Revised ordinance effective unless referendum invoked--Ordinances published in book form.

Section 7-18A-30 - Admissibility of ordinances and resolutions as evidence.

Section 7-18A-31 - Proof of compliance with procedural provisions not required unless controverted.

Section 7-18A-32 - Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct.

Section 7-18A-33 - Degree of proof when jail sentence authorized.

Section 7-18A-34 - Appeal to circuit court from magistrate court--Trial de novo and jury trial.

Section 7-18A-35 - Disposition of fines and penalties.

Section 7-18A-36 - Firearms regulation prohibited--Action by attorney general.

Section 7-18A-37 - Criminal background check of persons seeking employment with county.