Title 7, COUNTIES

The board of county commissioners may determine the salary of the commissioners. Such salary may be set by the board of county commissioners at its first regular meeting of each year. If the board of county commissioners fails to determine a salary, then the salary of a county co…

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 § 7-7-5 . Source: SL 1919, ch 150 ; SL 1921, ch 168 ; SL 1929, ch 97 ; SL 19…

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…

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…

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…

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…

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 § 12-6-8 . Source: SL 2000, ch 33 , § 1.

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…

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…

The number of county commissioners of any county may be increased to five or seven or reduced to five or three. If fifteen percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, petition the board o…

An appeal and transcript, if a transcript exists, shall be filed by the auditor as soon as practicable and shall stand for trial as soon as possible. Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. Each cause shall be heard and d…

The circuit court may make a final judgment and cause the same to be executed or may send the same back to the board of county commissioners with an order how to proceed, and require such board to comply therewith by mandamus or attachment as for contempt. Source: SL 1868-9, ch 4…

Appeal to the circuit court from decisions of the board of county commissioners, as provided in this chapter, is an exclusive remedy. Judicial review of county commission action shall be allowed only as provided in §§ 7-8-27 , 7-8-28 , 7-8-29 , 7-8-30 , and 7-8-31 . Source: SL 19…

The board of county commissioners of every county may, by ordinance, allow for the declaration and abatement of a public nuisance within the county outside the corporate limits of any municipality. For purposes of this section only, the feeding, breeding, or raising of livestock …

The board of county commissioners may, by resolution, allocate revenue a county receives for economic development within the county. Source: SL 1992, ch 84 , § 12A; SL 2021, ch 43 , § 1.

The board of county commissioners may by resolution provide for a public works program to provide work for any person for the purpose of providing income for the payment of the property taxes on such person's single - family dwelling. For the purpose of this section and § 7-8-40 …

If the petition is for an increase in the number of commissioners, the proposition shall be submitted by separate ballot in the following form: Ballot on Increase in Number of County Commissioners and Commissioners' Districts (Place x or  in square at left of your choice). G For…

Any program created by a county pursuant to § 7-8-39 shall establish the conditions under which such work is conducted and how the income from such employment is to be applied to a person's property taxes. The program may include any unit of government within the county. The cond…

Any county employee designated by the board of county commissioners may apply to the United States State Department to assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in t…

If it is for reduction, the proposition shall be submitted by separate ballot in the following form: Ballot on Decrease in Number of County Commissioners and Commissioners' Districts (Place x or  in square at left of your choice). G For three commissioners. G Against three commi…

If at such election a majority of all votes cast is for an increase, the board within one hundred eighty days after the votes have been canvassed shall redistrict the county into numbered districts. As to any members of such board whose terms of office extend for an additional tw…