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HB 1082 to revise the permissible number of county...

State of South Dakota  
SEVENTY-THIRD SESSION
LEGISLATIVE ASSEMBLY,  1998
 

367B0358  
HOUSE BILL   NO.     1082  

        Introduced by: Representatives Napoli, Apa, Brown (Richard), Hassard, Madden, McNenny, Richter, Waltman, Weber, Wetz, and Wick and Senators Aker, Brown (Arnold), Drake, Hainje, Staggers, Vitter, and Whiting  

         FOR AN ACT ENTITLED, An Act to revise the permissible number of county commissioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 7-8-1 be amended to read as follows:
     7-8-1.   Each organized county shall have a board of commissioners consisting of not less than three nor more than five 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 his election. In order that the regular term of all county commissioners shall not expire at the same time, in 1972 and every four years thereafter a commissioner shall be elected in each even-numbered district and in 1970 and every four years thereafter a commissioner shall be elected in each of the other districts. Any commissioner who represents an even-numbered district shall run for election at the general election at which the President is elected; any commissioner who represents an odd-numbered or unnumbered district shall run for election at the general election at which the Governor is elected.
     Section  2.  That § 7-8-3 be amended to read as follows:
     7-8-3.   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 of county commissioners for an increase or decrease in the number of county commissioners, the board shall submit the question to a vote of the voters of the county at the next primary election. Notice of the submission of such question shall be given in the notice of such primary election.
     Section  3.  That § 7-8-6 be amended to read as follows:
     7-8-6.   When If at such election a majority of all votes cast is for an increase from three to five commissioners, it shall be the duty of such , the board within ten days after the votes have been canvassed to shall redistrict the county into five districts numbered from one to five districts . As to any member or members of such board whose term or terms of office extend for an additional two years beyond the commencement of the next calendar year, the tenure of office shall is not be affected, and in redistricting the county such the board shall designate the district or districts to be represented by such member or members, the district or districts so designated to be a district or districts which would elect a commissioner at the next general election following that to be held in the current year. Such commissioner may or may not be a resident of the district he that the commissioner is designated to represent. Each district for which representation is not provided by such designation or designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in §   7-8-1.
     Section  4.  That § 7-8-7 be amended to read as follows:
     7-8-7.   When If the election results in a majority for a decrease from five to three commissioners , the five or seven districts are thereby abolished and it shall be the duty of such the board, within ten days after the votes have been canvassed, to shall redistrict the county into three or five numbered districts numbered from one to three from each of which districts a

commissioner shall be elected at the next general election, the term of office to be determined as provided in §   7-8-1.