9-20-18. Legislative finding--Actions of municipal governing boards subject to referendum.
The Legislature finds that in making past grants of decision-making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, are subject to the initiative and referendum process. Therefore, the contrary holding in Baker v. Jackson, 372 NW2d 142 (SD, July 31, 1985) is hereby abrogated.
Source: SL 1986, ch 73, ยง1.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 20 - Initiative And Referendum
Section 9-20-1 - Percentage of voters required to propose ordinance or resolution.
Section 9-20-2 - Petition proposing ordinance or resolution--Contents.
Section 9-20-3 - Ordinance may not be initiated to nullify bond purposes.
Section 9-20-4 - Presentation of initiative petition to governing body--Submission to voters.
Section 9-20-5.1 - Year's waiting period required before amendment or repeal.
Section 9-20-6 - Time for filing referendum petition.
Section 9-20-7 - Description in referendum petition of matter covered.
Section 9-20-8 - Percentage of voters required to sign referendum petition--Data concerning signers.
Section 9-20-10 - Liberal construction of referendum petition.
Section 9-20-11 - Date of election on referendum petition--No action taken pending election.
Section 9-20-11.2 - Date to certify ballot language to county auditor.
Section 9-20-11.3 - Additional election costs paid by municipality.
Section 9-20-12 - Publication of referred ordinance or resolution--Notice of election.
Section 9-20-13 - Ballots used in referendum election--Form and contents.
Section 9-20-14 - General municipal election law applicable to referendum elections.
Section 9-20-15 - Majority vote required for approval of referred measure--Effective date.
Section 9-20-16 - Preservation of referendum petitions--Open to public inspection.
Section 9-20-17 - Waiting period for new action after referendum election.
Section 9-20-18 - Legislative finding--Actions of municipal governing boards subject to referendum.