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
Chapter 18A - Ordinances And Resolutions
Section 7-18A-1 - Definition of terms.
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-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-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-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-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-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.