Title 6 — LOCAL GOVERNMENT GENERALLY

Whether initiated by the voters or provided by the governing boards, counties, and first and second class municipalities are authorized to expend from their general funds expenses in connection with the preparation and sponsorship of a charter proposal and shall pay the cost of e…

Except as provided in §§ 6-12-7 to 6-12-9 , inclusive, general election laws shall govern elections on questions of adoption, amendment, or repeal of a charter. Source: SL 1974, ch 52 , § 7.

The person charged with the conduct of an election concerning a question on adoption of a charter or amendment thereto shall, within thirty days after the canvass and return thereon, file with the secretary of state a certified copy of a charter or amendment adopted. Any person v…

Nothing in this chapter shall be construed to invalidate any proceedings had before July 1, 1974, in connection with the formation or submission of any charter provision instituted prior to July 1, 1974. Source: SL 1974, ch 52 , § 12. 6-12-13. Repealed by SL 1997, ch 42 , § 2.

No county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, unless otherwise specifically provided by statute, may, enact or increase, in any form a tax, fee, or charge that is: related to the state lottery; similar to a ta…

Scope of section

When a governing board or a combination of governing boards propose to provide a home rule charter they may either initially submit the proposed charter to a vote or may submit to a vote the question of whether a charter should be initiated and present alternatives as issues upon…

The governing board or boards to whom an initiated petition is presented and to which a proposed charter is not attached, in addition to the question of whether or not a charter should be adopted, shall, unless the petition contains a general statement as to the petitioner's choi…

A charter, to be valid, must establish therein the form of governmental structure under which the home rule unit will function. Source: SL 1974, ch 52 , § 4.

Neither charter nor ordinances adopted thereunder may set standards and requirements which are lower or less stringent than those imposed by state law, but they may set standards and requirements which are higher or more stringent than those imposed by state law, unless a state l…

The power of a home rule unit does not include the power to: (1) Enact private or civil law governing civil relationships except as incident to the exercise of an independent county or municipal power; (2) Define and provide for the punishment of a crime, but this limitation shal…

When a commission has been selected or appointed to draft a proposed charter or an amendment to a charter, an election on the question must be held within one year after initiation of the proposed action. Source: SL 1974, ch 52 , § 10.

A special election shall be called on any question involving a home rule charter unless another election is scheduled within one hundred twenty days of the initiation of the action. Source: SL 1974, ch 52 , § 8; SL 2005, ch 42 , § 1.

For purposes of §§ 6-12-7 and 6-12-8 , an initiation of the action means the point at which the governing body or combination of governing bodies have passed a motion to either submit the proposed charter to a vote or to submit to a vote the question of whether a charter should b…

If there is no scheduled election qualifying under § 6-12-8 , elections will be noticed and ballots will be prepared to accommodate absentee voting under the general election law, and if it is on the question of adopting of a charter or an amendment which has been drafted and app…