Title 7 — COUNTIES

The chair of the board of county commissioners may close the courthouse in case of emergency or severe weather. The public shall be adequately notified. An emergency for the purpose of this section is an unforeseen occurrence or combination of circumstances that calls for immedia…

If in the judgment of the board of county commissioners it shall be deemed necessary for the prompt and accurate dispatch of business in the office of the county treasurer, county auditor, county coroner, or register of deeds that deputies or clerks be employed therein, it shall …

The officer in whose office a deputy or clerk is employed may appoint or remove a deputy or clerk at pleasure. The appointment or removal shall be by a certificate in writing, and any deputy or clerk appointed shall before entering upon the duties of office, take and subscribe th…

Such deputies are authorized to sign all papers and do all other things which the officers themselves may do respectively, and the respective officers shall be responsible for the acts of their respective deputies. Source: SL 1887, ch 10 , § 8; CL 1887, § 653; RPolC 1903, § 890; …

Any officer who receives or appropriates for the officer's own use and benefit any part of the salary allowed any deputy or clerk employed under the provisions of this title is guilty of theft. Source: SL 1887, ch 10 , § 8; SL 1890, ch 134 , § 5; RPolC 1903, § 883; SL 1917, ch 18…

County commissioners, county highway superintendents, county auditors, county treasurers, registers of deeds, state's attorneys, sheriffs, county assessing officers, and county coroners are hereby authorized to attend educational conferences, meetings, and conventions held and co…

No charge for expenses in attending any such meetings shall be a charge against the county unless authorized and approved by the county commissioners prior to convening of any such meeting. Upon the actual attendance at such meetings, conferences, or conventions, all county offic…

The boards of county commissioners may make payment to the South Dakota county commissioners' and officials' associations for the conduct of research on local government, the employment of research and other personnel, the publication of research studies, and the provision for of…

The county may create a local government records destruction board to develop record management plans for the consideration of the state records destruction board. The local board shall consist of a county commissioner, the auditor, the treasurer, and the register of deeds. Sourc…

The method of payment, whether per diem or salary, and the amount of per diem or salary shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the per diem amount for each day they are act…

The county commissioners shall be paid traveling expenses for each mile traveled in the discharge of their official duties. For the purpose of this section, traveling expense incurred by county commissioners to attend meetings in the State of South Dakota, called for the purposes…

When the members of such commission shall act in drainage matters, the rate of compensation shall be set by the commission and the amount so received shall not be included in the compensation provided in §

When the county commissioners travel in a body, or when two or more travel together, in the same vehicle not a common carrier only one shall be paid mileage. The county commissioners may by an annual resolution, pool the mileage allowance as authorized by § 7-7-5 for each commiss…

The annual salaries of the county auditor, the county treasurer, and the register of deeds of the several counties of this state shall be regulated and fixed by the population of the several counties as shown by the last federal census. Source: SL 1917, ch 188 , § 1; RC 1919, § 5…

7-7-9.1 Salary for county treasurer, auditor and register of deeds--Salaries not to be decreased during terms of office. 7-7-10

The board of county commissioners shall establish, by resolution, the salary payable to the county treasurer, county auditor, and county register of deeds. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of pop…

Each organized county shall have a board of commissioners consisting of not less than three nor more than seven members, each of whom shall be elected at a general election only and whose term of office shall be four years commencing on the first Tuesday of January following elec…

The board of county commissioners, at its regular meeting in December of each year ending in the numeral 1, or within three months of the federal decennial census data becoming available, and after giving notice by publication for one week in the official newspapers of the county…

Upon such redistricting, as to any member or members of such board whose term or terms of office extend for an additional two years beyond the next election, the tenure of office shall not be affected, and in redistricting the county such board shall designate the district or dis…

Whenever the board of county commissioners shall change the boundaries of any commissioner district, as provided in § 7-8-10 , it shall publish notice of such change giving the boundaries of the new districts for at least two consecutive weeks in the official paper or papers of t…

Notwithstanding the provisions of § 7-8-10 , if a majority of the board of county commissioners of any county become aware of facts that call into question whether the county's commissioner districts comply with state or federal law, the board of county commissioners may request …

The Governor and secretary of state, after consultation with the board of county commissioners, may jointly issue to the board of county commissioners a written order affirming that good cause exists for redistricting and authorizing the board of county commissioners to revise th…

The board of county commissioners may, within one hundred eighty days of receipt of such written order, redistrict the county's commission districts once to avoid any perceived or potential violation of state or federal law. The commissioners may change the boundaries of the comm…

7-8-14 Meetings--County commission--Special sessions. 7-8-15 Chair and vice chair--Election--Vacancy--Duties. 7-8-16 Repealed. 7-8-17 Recording of votes by county commissioners. 7-8-18 Tie vote of commissioners. 7-8-19 Preservation of order by county board--Enforcement of obedien…

The board of county commissioners shall meet and hold sessions, as open meetings in accordance with chapter 1-25 , for the transaction of business at the courthouse or at any other suitable location in the county on at least a quarterly basis in January, April, July, and October …

At the first meeting of the board of county commissioners in each year, the board shall elect a chair and vice chair. The chair shall continue to serve as chair until a successor is elected. If there is a vacancy for the chair or vice chair from any cause, the board shall elect a…

Source: SDC 1939, § 12.0612; SL 1983, ch 40 ; SL 1999, ch 31 , § 1; SL 2021, ch 36 , § 2.

Whenever any board of county commissioners shall act upon any petition, adopt any resolution, make any appointment to fill any vacancy in a county office, or enter any final order in any proceedings pending before any such board, the members shall vote by yeas and nays and a reco…

When the board of county commissioners is equally divided on any question, it shall defer a decision until the next meeting of the board and the matter shall then be decided by a majority of the board. Source: SL 1874-5, ch 27 , § 7; PolC 1877, ch 21, § 21; CL 1887, § 582; RPolC …

The board of county commissioners may preserve order when sitting as a board. The board may enforce obedience to all its orders by attachment or other compulsory process. Source: SL 1874-5, ch 27 , § 9; PolC 1877, ch 21, § 23; CL 1887, § 584; RPolC 1903, § 822; RC 1919, § 5873; S…

The nomination and election of county commissioners shall be by a vote of the voters of the district of which such candidate is a resident voter. However, if any county commissioner moves from the district to which such person was elected or if any county commissioner fails to at…

7-8-2.2 Candidate to be resident of district at time of signing declaration of candidacy. 7-8-3 Change in number of commissioners--Petition and submission at election. 7-8-4 Form of ballot on increase of number of commissioners. 7-8-5 Form of ballot on decrease in number of commi…

Any candidate for commissioner shall be a resident of the district for which the person is a candidate at the time the candidate signs the declaration of candidacy as required by §

In addition to others specified by law, the board of county commissioners shall have power: (1) To institute and prosecute civil actions in the name of the county, for and on behalf of the county; (2) To make orders respecting the care and preservation of all property belonging t…

The county commissioners of any county in this state may offer a standing reward of not more than five thousand dollars for evidence leading to the arrest and conviction of any person or persons guilty of any felony under the laws of this state. They may also in their discretion …

Applications for a reward authorized by § 7-8-20.1 or any part thereof shall be filed with the county commissioners who shall determine the rights of the applicants thereto and cause warrants to be issued upon the general fund of the county for such portion of the reward as is fo…

7-8-22

7-8-23 Rights-of-way on highways granted by county commissioners. 7-8-24 Memorial Day observance. 7-8-25 Distribution of surplus commodities. 7-8-26 Hospital and medical insurance contracts for county officers and employees. 7-8-26.1 Life and health insurance contracts for county…

The board of county commissioners may grant the right of constructing, laying, maintaining, and operating on any highway under its jurisdiction, pipelines and gas mains for the transportation of natural or artificial gas. Source: SL 1929, ch 152 , § 1; SDC 1939, § 12.0617(11); SL…

The board of county commissioners may appropriate funds for the observance of Memorial Day each year. Source: SL 1907, ch 187 , § 1; RC 1919, § 5901; SDC 1939, § 12.0617 (8); SL 2016, ch 45 , § 2.

The board of county commissioners shall have power to cooperate with the federal or state government or any duly constituted agency thereof by expending moneys for the care and distribution of federal surplus commodities, employing clerical help, office space, office supplies and…

The board of county commissioners may enter into group hospital and medical insurance contracts for the protection and benefit of its officers and employees, and the immediate families of those officers and employees. The board may pay all or part of the necessary premiums for it…

The board of county commissioners may enter into group life and group health insurance contracts for the protection and benefit of its officers and employees, and their immediate families. The board may pay all or part of the necessary premiums for its officers and employees and …

A board of county commissioners may elect to provide group health insurance for its officers and employees and their immediate families under a plan of self-insurance in whole or in part. Any county self-insuring pursuant to this section shall purchase sufficient stop loss insura…

Any self - insurance system created pursuant to § 7-8-26.2 shall publish an annual report. The financial statements contained in the report required by this section shall be audited by an independent certified public accountant. Source: SL 1983, ch 42 , § 3.

If a county officer or employee can demonstrate to the county commission of a condition which will leave the officer or employee uninsurable upon termination of employment with the county and elects not to participate in the group hospital, medical, or health insurance plans auth…

No county or group of counties may provide group health insurance under a plan of self - insurance pursuant to § 7-8-26.2 unless the county or group of counties has a reinsurance arrangement. Source: SL 1994, ch 61 , § 3.

From all decisions of the board of county commissioners upon matters properly before it, there may be an appeal to the circuit court by any person aggrieved upon filing a bond in the amount of two hundred fifty dollars with one or more sureties to be approved by the county audito…

Upon written demand of at least fifteen taxpayers of the county, the state's attorney shall take an appeal from any action of such board if such action relates to the interests or affairs of the county at large or any portion thereof, in the name of the county, if he deems it to …

Such appeal shall be taken within twenty days after the publication of the decision of the board by serving written notice upon any county auditor or commissioner, upon the state's attorney of that county, or upon any person appointed by the board pursuant to resolution to accept…