Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL § 7-16B-13 County legal expense relief fund established--Administration
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There is established at the association of county commissioners a county legal expense relief fund administered by the county legal expense relief board created pursuant to §
SDCL § 7-16B-14 Request for participation fund--Minimum number of participating counties required for chapter to become effective--Time limit
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A majority of the members - elect of the county commission shall pass a resolution requesting participation in the county legal expense relief fund before November 1, 1993, to initially be considered a participating county for the purposes of this chapter. If less than thirty - f…
SDCL § 7-16B-15 Promulgation of rules
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The county legal expense relief board shall promulgate rules, pursuant to chapter 1-26 , regarding the procedure and requirements for allowing additional counties to participate in the fund, the procedure and requirements for allowing participating counties to withdraw from the f…
SDCL § 7-16B-16 Application for funds--Qualifying amount of expenses
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Any participating county may apply to the board for funds from the county legal expense relief fund if that county has incurred expenses related to any one criminal prosecution resulting in a court trial that are in excess of twenty-five thousand dollars. The application shall in…
SDCL § 7-16B-17 Approval of application and disbursements--Amount
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The board established pursuant to § 7-16B-22 shall determine if the application is in order and the claim is justified and may approve disbursements to the county for ninety percent of any expenses related to any one criminal prosecution resulting in a court trial which qualifies…
SDCL § 7-16B-18 Series of trials as one trial
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A series of trials arising out of a single incident shall be considered as one court trial in applying the provisions of §§ 7-16B-16 and
SDCL § 7-16B-19 Calculation of disbursements and each county's share--Certification of assessment
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Prior to January thirty-first, the board shall calculate the actual disbursements from the county legal expense relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in §
SDCL § 7-16B-19.1 Supplemental assessment if fund reserve is likely to be depleted
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If it appears to the board that the county legal expense relief fund reserve is likely to be completely depleted, the board may determine a supplemental assessment is required and shall compute each participating county's share utilizing the formula established in §
SDCL § 7-16B-20 Factors utilized in computing participating county's share of fund
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Each participating county's share of the county legal expense relief fund shall be computed utilizing the following factors: (1) The percent of the total population of the participating counties in the state which reside in the county excluding individuals not subject to the juri…
SDCL § 7-16B-21 Acceptance of gifts, contributions or funds authorized
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The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter. Source: SL 1992, ch 55 , § 9.
SDCL § 7-16B-22 County legal expense relief board established--Appointment and term of members--Payment of board's costs
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There is established a county legal expense relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to §
Board members shall serve staggered terms of four years or until their term as county commissioner has expired
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Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association. Source: SL 1992, ch 55 , § 10; SL 2011, ch 38 , § 1.