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…
SDCL § 6-2-1 Liquidation authorized--Vested rights protected
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Authority is herewith granted any governmental subdivision of this state to liquidate any pension, annuity, or other retirement program existing between the subdivisions of government and its employees where no vested rights in the employees are involved, or, where vested rights …
SDCL § 6-2-2 Security for employees retired before liquidation--Retention of funds
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In the event any subdivision of government shall liquidate any pension, annuity, or other retirement program existing between the subdivision of government and its employees, the subdivision of government is herewith authorized to secure any employee retired before liquidation of…
SDCL § 6-2-3 Judges' retirement program unaffected
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Nothing within the provisions of this chapter shall change or alter the effect of any pension, annuity, or other retirement program authorized and established by the Legislature of the State of South Dakota relating to Supreme and Circuit Court judges. Source: SL 1951, ch 101 , §…
SDCL § 6-3-1 Construction, furnishing, operation, and maintenance of common building authorized--Use of existing building
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As used in §§ 6-3-1 to 6-3-8 , inclusive, the term, political subdivision, means any county, any municipality, improvement district, or any school district. Any two or more political subdivisions, each of which has territory overlapping that of all of the others, may agree in the…
SDCL § 6-3-10 Elections on bonds for joint building
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After the governing bodies have decided and agreed upon plans and specifications that will provide for all of the needs of the county, municipality, and community and after determining the approximate costs thereof, the governing bodies shall submit the question of issuing bonds …
SDCL § 6-3-11 Resubmission of bond question after rejection by voters
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If the county, or municipality shall fail to authorize said bond issue, the county or municipality failing to authorize said bond issue may resubmit the same as provided in § 6-3-10 within six months and if then authorized the county or municipality may proceed with such work, ot…
SDCL § 6-3-12 Erection and maintenance of joint building in county seat--Selection of site
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After the issuance of bonds is authorized as provided in § 6-3-10 , it shall be lawful for the county and municipality to join in the erection and completion of such building, and they shall have authority to make provisions for the maintenance of the same. The site for any such …
SDCL § 6-3-13 Tax proceeds usable for joint building--Special building funds--Bonds--Private subscriptions and donations
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Counties or municipalities joining pursuant to § 6-3-12 are authorized to use any and all moneys realized from taxes levied for county, municipal, community, or memorial buildings, and the governing board of any county or municipality so joining is hereby empowered to transfer an…
SDCL § 6-3-2 Execution of agreement for common building--Contents and filing--Amendment and supplementation
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The agreement referred to in § 6-3-1 shall be set forth in writing, approved by resolutions of the governing bodies of the participating political subdivisions and executed by their officers thereunto duly authorized, and shall state the purposes for which the building or improve…
SDCL § 6-3-3 Appropriations and bonds authorized for common building--Bond issue prohibited until financing provisions complete
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The governing body of each participating political subdivision may appropriate money or may also issue the general obligation bonds of the subdivision, as provided in chapter 6-8B for the authorization, issuance, and sale of bonds, for the payment of its share of the cost of the …
SDCL § 6-3-4 Contents of resolution or ordinance, notice and ballot on bond issue
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The resolution or ordinance, notice and ballot as provided in chapter 6-8B shall include the estimated total cost of the building or improvement, the names of the other participating subdivisions, and shall refer to the agreement on file in the office of the recording officer. So…
SDCL § 6-3-5 Resubmission of bond proposition after rejection by voters
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In the event that the proposition of issuing bonds of any of the participating subdivisions for the purposes of §§ 6-3-1 to 6-3-8 , inclusive, fails to carry by the requisite vote, such proposition may be resubmitted by the governing body at any time, with the consent of the gove…
SDCL § 6-3-6 Additional appropriations or bonds when cost exceeds estimates
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In the event that the cost of any such building or improvement is greater than originally estimated, the governing body of each of the participating subdivisions shall have the power to appropriate additional moneys or submit to the electors the question of the issuance of additi…
SDCL § 6-3-7 Improvements and equipping of building by participating subdivision
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Each participating subdivision shall have the power, with the consent of the governing bodies of the other participating subdivisions, to add to, improve, and equip any such building for its own purposes to the same extent and in the same manner as if said building were wholly ow…
SDCL § 6-3-8 Supplemental nature of powers granted
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The powers granted and procedures prescribed by §§ 6-3-1 to 6-3-7 , inclusive, shall be in addition to and not in derogation of any other powers conferred by law upon any of the participating subdivisions to make agreements, to appropriate and expend money, and to issue bonds for…
SDCL § 6-3-9 Joint county - municipal building in county seat--Resolutions of governing bodies--Plans and specifications
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The board of county commissioners of any county and the governing body of the county seat of such county, whenever both of such governing bodies by separate resolutions declare that it is for the best interests of the county, or municipality to erect and maintain a joint building…
SDCL § 6-4-1 Percentage of admission charge collected for fund--Restrictions on use of fund
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Any county, municipality, or school district operating or maintaining, either jointly or severally, an auditorium, coliseum, public gymnasium, or public community house, shall have the power to establish a fund and may collect for such fund not exceeding ten percent of the admiss…
SDCL § 6-4-2 Investment of money in fund--Disposition of income
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The governing body of such county, municipality, or school district shall have power and authority to invest, from time to time and as such fund accumulates, the moneys derived therefrom in bonds of the State of South Dakota, bonds of any subdivision of government of this state, …
SDCL § 6-4-3 Purposes for which fund used
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The governing body may use the moneys in the auditorium building fund with any other funds that may come into its possession for the erection, construction, or remodeling of an auditorium, coliseum, public gymnasium, or public community house, and for the acquisition of sites and…
SDCL § 6-5-1 Transfers of land or property between political subdivisions permitted--Work exchanges--Agreements of governing bodies
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All counties, municipalities, sanitary districts, improvement districts, townships, and school districts of this state may exchange with each other and to transfer and convey from one to the other any land or property belonging to them and under their respective jurisdictions and…
SDCL § 6-5-2 Gratuitous transfers of property to another political subdivision or nonprofit corporation
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Any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonpr…
SDCL § 6-5-3 Resolution for gratuitous transfer of real property--Conveyance
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If the governing body deems it advisable and to the best interest of the public to convey any such property to another political subdivision or nonprofit corporation pursuant to § 6-5-2 , it shall by resolution direct that said property be so conveyed and transferred. Thereupon a…
SDCL § 6-5-4 Exchange of land with private owner--Appraisal--Public notice and hearing
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Any county, municipality, sanitary district, township, or school district of this state may, by resolution, exchange any land belonging to them with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the real propert…
SDCL § 6-5-5 Local governments permitted to lease, sell, give, or otherwise convey real and personal property to other units of government
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Notwithstanding any other provision of law to the contrary, but, in compliance with the provisions of the Constitution of the State of South Dakota, every county, municipality, school district, civil township, or other entity authorized by law to levy taxes may lease or sell or g…
SDCL § 6-5A-1 Railroad property assessment
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Whenever a railroad's right - of - way, street, or railroad properties owned or operated for railway purposes shall be included within any assessment for local improvement, such railroad right - of - way, street, or railroad properties owned or operated for railway purposes shall…
SDCL § 6-6-1 Meeting of governing body after or on threat of enemy attack--Designation of substitute place of government--Location within or without subdivision or state
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Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the gove…