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CHAPTER 6-12

HOME RULE CHARTERS

6-12-1      Expenses and cost of charter preparation and election.
6-12-2      Voting on proposal--Alternatives.
6-12-3      Alternatives proposed by board action on initiated petition.
6-12-4      Governmental structure to be established in charter.
6-12-5      Standards to be at least as stringent as state law.
6-12-6      Restrictions on power of home rule units.
6-12-7      Time of election on charter proposal by commission.
6-12-8      Special election on home rule charter--Exception.
6-12-8.1      Initiation of the action defined.
6-12-9      Preparation for election--Time of election on initiated charter.
6-12-10      Application of general election laws.
6-12-11      Filing of adopted charter with secretary of state--Violation--Effect.
6-12-12      Chapter not to invalidate prior proceedings.
6-12-13      Repealed.
6-12-14      Taxing power limited.
6-12-15      Scope of section 6-12-14.


     6-12-1.   Expenses and cost of charter preparation and election. 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 election conducted on the question of adoption or amendment of a charter.

Source: SL 1974, ch 52, § 1; SL 1992, ch 60, § 2.


     6-12-2.   Voting on proposal--Alternatives. 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 same ballot as to the composition and selection of a charter commission to draft the proposed charter.

Source: SL 1974, ch 52, § 2.


     6-12-3.   Alternatives proposed by board action on initiated petition. 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 choice as to the composition and the manner of selection of a charter commission, propose alternatives as provided by § 6-12-2.

Source: SL 1974, ch 52, § 3.


     6-12-4.   Governmental structure to be established in charter. 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.


     6-12-5.   Standards to be at least as stringent as state law. 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 law provides otherwise.

Source: SL 1974, ch 52, § 5.


     6-12-6.   Restrictions on power of home rule units. 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 shall not abridge the power of a home rule unit to provide punishment for the violation of ordinances or charter provisions by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months or by both such fine and imprisonment;
             (3)      Abridge laws relating to elementary and secondary education;
             (4)      Change assessment practices and procedures relating to ad valorem taxation of property;
             (5)      Exempt itself from providing the necessary personnel and facilities to perform services required by general law to be performed by a like unit or units of local government;
             (6)      Deny referendum on ordinances or bylaws provided by chapter 9-19;
             (7)      Regulate rates or conditions of service of any public utility regulated by the South Dakota Public Utilities Commission.

Source: SL 1974, ch 52, § 6; SL 1975, ch 283, § 56.


     6-12-7.   Time of election on charter proposal by commission. 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.


     6-12-8.   Special election on home rule charter--Exception. 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.


     6-12-8.1.   Initiation of the action defined. 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 be initiated pursuant to § 6-12-2.

Source: SL 2005, ch 42, § 2.


     6-12-9.   Preparation for election--Time of election on initiated charter. 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 approved by the initiators, such election shall be held within sixty days after its filing.

Source: SL 1974, ch 52, § 9.


     6-12-10.   Application of general election laws. 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.


     6-12-11.   Filing of adopted charter with secretary of state--Violation--Effect. 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 violating the provisions of this section is guilty of a Class 2 misdemeanor, but the failure of such person to so file shall not invalidate any election on such a question or a charter or amendment adopted pursuant thereto.

Source: SL 1974, ch 52, § 11; SL 1981, ch 43, § 1.


     6-12-12.   Chapter not to invalidate prior proceedings. 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.


     6-12-14.   Taxing power limited. 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 tax which provides revenues to the state; or similar to state licensing or regulatory fees enacted by statute or adopted by rule. The provisions of this section do not prohibit any tax or fee enacted and imposed on or before March 1, 1996.

Source: SL 1997, ch 42, § 1.


     6-12-15.   Scope of section 6-12-14. Nothing in § 6-12-14 is intended to authorize any county, city, or other governmental unit chartered under S.D. Const., Art. IX, § 2, to enact or increase a tax, fee, or other charge that is denied by its charter, the Constitution, or the general laws of the state.

Source: SL 1997, ch 42, § 3.


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