# South Dakota SB 165: revise certain provisions pertaining to municipal government. South Dakota SB 165, revise certain provisions pertaining to municipal government., is a 101st South Dakota Legislature (2026) Senate bill sponsored by Reed, Tim S. (Republican), Roby, Matt (Republican); status signed, last action 2026-03-04 (Signed by the Governor) (as of 2026-10-19). - Canonical: https://policyrisk.com/state-bill/SD-SB165-2026 - As of: 2026-10-19 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: South Dakota SB 165 - State: South Dakota - Session: 101st South Dakota Legislature (2026) - Title: revise certain provisions pertaining to municipal government. - Status: signed - Chamber: Senate - Introduced: 2026-01-29 - Last action: 2026-03-04, Signed by the Governor - Sponsors: Reed, Tim S. (Republican), Roby, Matt (Republican) - Cosponsors: 0 - Subjects: Attorney's Fees, Court Costs, Municipal Government - Touches household money: no - Roll calls: 4 (100 yes, 19 no in all) - Economic provisions PRIA read: 16 ## Summary No summary available. ## Bill overview: provisions PRIA read - Municipal firefighters get work-hour protections: benefit, low. Full-time municipal fire department employees' hours follow municipal policy or contract. Hours cannot exceed 212 in a 28-day period or 204 in a 27-day period without extra pay or compensatory time off. The work period must be mutually agreed upon. The law does not set an extra-pay rate. - Municipalities can hire legal and engineering help: benefit, low. Municipalities can employ attorneys or contract for legal services. They can also employ or contract with licensed professional engineers. Engineers who lack a land-surveyor license must assign land-surveying duties to a licensed land surveyor. - Residents elect replacements after mayoral vacancies: benefit, low. A majority of all aldermen must support a vacancy appointment at a meeting held as soon as practicable. Voters fill the remaining mayoral term at the next regular municipal election or a special election. The council president serves as temporary mayor. The vice president serves when the president… - Departing municipal officers must return property: cost, low. Departing municipal officers must deliver municipal books, property, and office materials to their successors within five days. Violators are personally liable for resulting damages, penalties set by local ordinance, and related reasonable attorney fees and costs. The municipality can also seek a c… - Municipal officers must meet residency rules: cost, low. People holding elective municipal office must be qualified voters of the municipality. They must have lived there, or in an area annexed to it, for at least three months before election or appointment. Moving outside the district, municipality, or ward they represent creates an immediate vacancy. T… - Municipal appointees face bonds and removal: cost, low. Except under chapter 9-10, municipalities can set appointed offices and duties by ordinance. Mayors appoint with majority approval from qualified council members; elsewhere, a majority of qualified governing-body members appoints. Appointment alone creates no protected job interest, though a writte… - Municipal job applicants face background checks: cost, low. Municipalities can require job applicants to complete fingerprint-based state and federal criminal background checks. South Dakota's Division of Criminal Investigation and the FBI conduct the checks. Applicants who refuse or fail to cooperate can be denied employment. Municipalities are not require… - Local rule violations can bring penalties: cost, low. Municipalities can adopt, change, or repeal ordinances and resolutions within their legal powers. They can seek court orders to enforce these rules and set penalties for violations. Penalties cannot exceed the limits in South Dakota subdivision 22-6-2(2). - Business managers face personal tax liability: mixed, medium. Responsible corporate officers, company managers, and partners face personal liability when covered businesses fail to file returns or pay taxes. This covers taxes under South Dakota chapters 10-33A, 10-45, 10-46, 10-46A, and 10-46B. Closing the business does not erase liability for earlier failure… - Elected municipal officers can take extra roles: mixed, low. Elected municipal officers generally cannot hold another municipal position while in office. They can serve on boards, commissions, or committees whose founding ordinance or resolution specifically includes them. They can volunteer without salary or provide services paid up to $10,000 per calendar… - Municipal workers get more benefit options: mixed, low. Municipalities can offer group life, health, and accident insurance to employees, officers, and their immediate families, but coverage is optional. They can buy coverage or self-insure; accident coverage applies only when workers' compensation benefits do not apply. Municipalities can deduct each w… - Municipal workers get conditional dismissal protections: mixed, low. Municipalities can create civil service systems with suspension or removal for cause, board review, and court appeals. Union-represented workers can request board review only when their labor contract specifically allows it. Covered nonunion employees, police officers, and firefighters can be remov… - Local rules usually start after publication: mixed, low. Local ordinances and resolutions generally take effect 20 days after publication, unless a referendum suspends them. They can take effect immediately to preserve public peace, health, safety, or municipal government and its existing institutions. Rules exempt from referendum under section 9-20-19 c… - Municipal ordinance books get access rules: mixed, low. Municipalities can compile unchanged ordinances into a book without the usual publication. Revised ordinance books need one adoption notice in the official newspaper, not publication of the full book. Revisions take effect 20 days after completed notice publication unless a referendum is invoked. O… - Municipal police gain reach and fee duties: mixed, low. Police officers in municipalities spanning multiple counties can serve civil or criminal legal papers in any county containing that municipality. Officers receiving a municipal salary must account for all fees they receive from serving civil papers. They must give the finance officer an itemized ac… - Municipal building codes need shorter notices: mixed, low. Municipalities can adopt or amend qualifying national building, electrical, plumbing, safety, fire, or health codes without publishing the full ordinance. Codes must come from a recognized, established national organization. The finance officer must publish notice once a week for two successive wee… ## Sponsors and cosponsors - Sponsor: Reed, Tim S. (Republican), Senate - Sponsor: Roby, Matt (Republican), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-02-20 | House | Do Pass | pass | 50 | 17 | | | 2026-02-19 | House | Do Pass | pass | 10 | 2 | | | 2026-02-12 | Senate | Do Pass | pass | 33 | 0 | | | 2026-02-11 | Senate | Do Pass | pass | 7 | 0 | | ## Actions (13) - 2026-03-04: Signed by the Governor (Senate) - 2026-02-25: Delivered to the Governor (Senate) - 2026-02-24: Signed by the Speaker (House) - 2026-02-23: Signed by the President (Senate) - 2026-02-20: Do Pass (House) - 2026-02-19: Do Pass (House) - 2026-02-19: Scheduled for hearing (House) - 2026-02-17: First read in House and referred to (House) - 2026-02-12: Do Pass (Senate) - 2026-02-11: Certified uncontested, placed on consent (Senate) - 2026-02-11: Do Pass (Senate) - 2026-02-11: Scheduled for hearing (Senate) - 2026-01-29: First read in Senate and referred to (Senate) ## Bill text - Introduced, 2026-01-29: [PDF](https://mylrc.sdlegislature.gov/api/Documents/304398.pdf) ## Related bills - HB 1245: authorize municipalities to establish a local funding mechanism for capital improvement projects. (signed) - HB 1193: modify the provisions for a refund of taxes to disabled veterans and surviving spouses under certain property tax relief programs. (signed) - HB 1148: adopt the respiratory care interstate compact. (signed) - HB 1149: adopt the athletic trainer licensure compact. (signed) - HB 1051: revise property tax levies for school districts and to revise the state aid to general and special education formulas. (signed) - HB 1082: establish parameters for the reimbursement of school districts that provide free or reduced-price meals to students. (signed) ## Sources - [Introduced (PDF)](https://mylrc.sdlegislature.gov/api/Documents/304398.pdf) ## Related - [HB 1245: authorize municipalities to establish a local funding mechanism for capital imp…](https://policyrisk.com/state-bill/SD-HB1245-2026) - [HB 1193: modify the provisions for a refund of taxes to disabled veterans and surviving…](https://policyrisk.com/state-bill/SD-HB1193-2026) - [HB 1148: adopt the respiratory care interstate compact.](https://policyrisk.com/state-bill/SD-HB1148-2026) - [HB 1149: adopt the athletic trainer licensure compact.](https://policyrisk.com/state-bill/SD-HB1149-2026) - [HB 1051: revise property tax levies for school districts and to revise the state aid to…](https://policyrisk.com/state-bill/SD-HB1051-2026) - [HB 1082: establish parameters for the reimbursement of school districts that provide fre…](https://policyrisk.com/state-bill/SD-HB1082-2026) - [South Dakota bills](https://policyrisk.com/states/south-dakota/bills) - [South Dakota state hub](https://policyrisk.com/states/south-dakota) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/SD-SB165-2026 (as of 2026-10-19).