Title 6 — LOCAL GOVERNMENT GENERALLY
24 chapters · 201 sections in this title.
SDCL § 6-1-1 Local officer's interest in public purchase or contract unlawful--Contract void
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It shall be unlawful for any officer of a county, municipality, township, or school district, who has been elected or appointed, to be interested, either by himself or agent, in any contract entered into by said county, municipality, township, or school district, either for labor…
SDCL § 6-1-10 Publication of payroll information
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Notwithstanding the provisions of §§ 7-18-3 , 9-18-1 , and 13-8-35 , the boards of county commissioners, the governing board of each municipal corporation, and school boards shall publish with the minutes of the first meeting following the beginning of the fiscal year, or within …
SDCL § 6-1-12 "Local government" defined
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As used in § 6-1-13 local government unit is any political subdivision of this state including a county, township, municipality, or other unit of government, if the political subdivision provides local government services for residents in a geographically limited area of this sta…
SDCL § 6-1-13 Rent control of private residential property prohibited
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No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. This section does not impair the right of any local governmental…
SDCL § 6-1-14 Limitation on delegation, transfer, or assignment of taxing authority
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No governing body of any county, municipality, school district, township, or special taxing district may delegate, transfer, or assign its taxing authority to any commission, board, person, or corporate entity which is entirely or partly comprised of members not duly elected by t…
SDCL § 6-1-15 Health and dental insurance
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Any municipality, county, or school district may obtain and pay for all forms of health insurance, a dental insurance plan, or both, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administ…
SDCL § 6-1-16 Insurance for retiring employees
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Any municipality, county, or school district may provide for health insurance for retiring employees and their spouses and dependents as the governing body may deem appropriate. Source: SL 1997, ch 31 , § 4.
SDCL § 6-1-17 Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy
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No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussio…
SDCL § 6-1-18 Officer may consider relevant information from any source--Reliance on experience
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An elected or appointed municipal, county, or township officer may receive and consider relevant information from any source to perform the duties of office. An elected or appointed municipal, county, or township officer may rely on his or her own experience and background on any…
SDCL § 6-1-19 Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution
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Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding any proposed ordinance, resolution, or regulation on any subject is legislative in nature and may be conducted informally to the extent the officer deems necessary …
SDCL § 6-1-2 Conditions under which contract with local officer permitted--Contract voidable if conditions not fully met
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The provisions of § 6-1-1 are not applicable if the contract is made pursuant to any one of the conditions set forth in the following subdivisions, without fraud or deceit. However, the contract is voidable if the provisions of the applicable subdivision are not fully satisfied o…
SDCL § 6-1-2.1 Conditions under which competitive bid pursuant to chapter 5-18A from officer of governing body may be accepted
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If competitive bidding procedures have been followed pursuant to chapter 5-18A , and the bid notice has been placed on the central bid exchange pursuant to § 5-18A-13 for two weeks prior to the opening of bids, a bid from an officer of the governing body may be opened and accepte…
SDCL § 6-1-20 Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence
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Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding a quasi-judicial matter as defined in subdivision 1-32-1(10) may be conducted informally to secure the information required to make a decision. The formal rules of …
SDCL § 6-1-21 Grounds for disqualification of officer in quasi-judicial proceeding
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An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in …
SDCL § 6-1-22 Members of governing bodies displaced by natural disaster to continue term of office
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Any member of a governing body of a county, municipality, school district, township, or special purpose district, who is displaced from the district, county, municipality, township, ward, or precinct from which the member was elected or appointed to serve by flood, tornado, fire,…
SDCL § 6-1-23 Fuel gas appliances--Ban prohibited--Exclusions
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No local ordinance or regulation may prohibit the use, production, manufacture, or transport of fuel gas appliances within the state. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is…
SDCL § 6-1-24 Fuel gas service--Ban prohibited--Exclusions
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No local governmental unit, as defined in § 6-1-12 , may enact or implement any ordinance, resolution, or policy that prohibits or has the effect of prohibiting the use, production, or transportation of natural gas, propane, or any other fuel gas service as a type or class of ser…
SDCL § 6-1-3 Deposit of funds permitted despite bank connection of public officer
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A bank may be designated as the official depository of county, municipal, township, or school district funds, notwithstanding that an officer, director, stockholder, or employee of a bank is an elected or appointed officer or treasurer of such county, municipality, township, or s…
SDCL § 6-1-4 Limitation of actions to recover amounts paid under unlawful contracts--Fraud or deceit
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Any civil action to recover the amounts paid by a county, municipality, township or school district under any of the conditions of §§ 6-1-1 to 6-1-3 , inclusive, must notwithstanding any other law or statute of limitation, be commenced within six months from the date of publicati…
SDCL § 6-1-5 Failure of local officer to make official report--Procurement of information at expense of political subdivision
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In any case where any county, municipality, civil township, or school district officer who is required by law to make an official report to any other county, municipality, civil township, or school corporation officer, board, tribunal, or state officer, and who shall willfully fa…
SDCL § 6-1-6 Expense of procuring information omitted from official report--Payment--Civil liability of officer and sureties
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The expense of procuring such required or requested information shall not exceed ten dollars per day and the necessary hotel and traveling expenses. The expenses incurred in procuring such information shall be paid to the state or political subdivision entitled to such report or …
SDCL § 6-1-7 Examination of county records at end of officer's term--Proceeding against delinquent officer
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It shall be the duty of the board of county commissioners and the state's attorney in each county to examine the records of the several county officers, at the end of the officer's term of office, to see that they have been properly kept. Any failure must be remedied or it shall …
SDCL § 6-1-8 Examination of records and proceedings against municipal, township, and school officers
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It shall also become the duty of the governing board of each municipality, civil township, or school corporation to examine the records of its several officers in like manner and, upon complaint by the proper board, the state's attorney shall proceed as provided in § 6-1-7 relati…
SDCL § 6-1-9 Officers to provide necessary blanks and records for office
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It shall be the duty of the county, municipality, civil township, or school district officer to provide, at the expense of the county, municipality, civil township, or school corporation, such blanks and records as are necessary for making the proper record and the transaction of…