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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
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SENATE BILL
NO.
113
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Introduced by:
Senators Katus, Jerstad, Kloucek, Koetzle, Maher, and Two Bulls and
Representatives Gassman, Elliott, Feinstein, Gillespie, Lucas, Nygaard, and
Van Norman
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FOR AN ACT ENTITLED, An Act to
require that certain local government decisions are
subject to referendum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-18A-15.1 be amended to read as follows:
7-18A-15.1. Any legislative decision of a board of county commissioners or of any person or group appointed by the board is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-18A-15.1 be amended to read as follows:
7-18A-15.1. Any legislative decision of a board of county commissioners or of any person or group appointed by the board is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless
specifically authorized by this code. An administrative decision is one that merely puts into
execution a plan already adopted by the governing body itself or by the Legislature. Supervision
of a program is an administrative decision. Hiring, disciplining, and setting the salaries of
employees are administrative decisions.
Section 2. That § 9-20-19 be amended to read as follows:
9-20-19. Any legislative decision of a governing body or of any person or group appointed by the governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
Section 2. That § 9-20-19 be amended to read as follows:
9-20-19. Any legislative decision of a governing body or of any person or group appointed by the governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless
specifically authorized by this code. An administrative decision is one that merely puts into
execution a plan already adopted by the governing body itself or by the Legislature. Supervision
of a program is an administrative decision. Hiring, disciplining, and setting the salaries of
employees are administrative decisions.
Section 3. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:
Any decision to grant or deny a conditional use or conditional use permit or a variance is a
legislative decision.
Section 4. That chapter 11-4 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 11-4 be amended by adding thereto a NEW SECTION to read as follows:
Any decision to grant or deny a conditional use or conditional use permit or a variance is a
legislative decision.
