State of South Dakota
|
NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
474X0027 | HOUSE LOCAL GOVERNMENT ENGROSSED NO. HB 1004 - 01/21/2016 |
Introduced by: Representatives Conzet, Duvall, Feickert, Heinemann (Leslie), Klumb, May,
and Schaefer and Senators Ewing, Haggar (Jenna), Peterson (Jim), and Vehle
at the request of the Interim Committee on County Government
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-2-13 be amended to read:
7-2-13.
Section 2. That § 7-3-7 be amended to read:
7-3-7.
state or in counties which have heretofore been divided and the liabilities and assets of the
county as it existed prior to the division thereof of the county have not been apportioned and
divided by the board of county commissioners of the original county and the newly organized
portion thereof, it shall be the duty of, the auditor-general of this state, either by himself or his
duly authorized assistant, forthwith to shall make an inventory of all of the assets and liabilities
of such the original county and such the new county or counties and estimate the value and
amount of such the assets and liabilities. After notice to the county commissioners of the
counties affected, it shall be the duty of the auditor-general or his assistant to shall apportion the
liabilities and assets of such the counties in the manner provided by law for the apportionment
of bonded indebtedness.
Section 3. That § 7-3-18 be amended to read:
7-3-18. The board of county commissioners may in its discretion let contract the work of
transcribing such of records or any part thereof by contract to the lowest and best bidder, but in
all events the. The person transcribing the records of any particular office shall be required to
attach his the transcriber's certificate without extra cost to each and every instrument or matter
transcribed by him to the effect that such the transcript is a full, true, and complete copy of the
original instrument as it appears of record in the original county, showing book and page
thereof; provided that on matters. However, for any record transcribed from the office of the
county treasurer or county auditor it shall only be is only necessary to make one such certificate
at the close of each book transcribed.
Section 4. That § 7-7-21 be amended to read:
7-7-21. The officer in whose office such deputies or clerks are a deputy or clerk is employed
shall have the sole power of appointing the same or removing them may appoint or remove a
deputy or clerk at pleasure, which. The appointment or removal shall be by a certificate in
writing, and any deputy or clerk so appointed shall before entering upon the duties of his office,
take and subscribe the oath or affirmation required by the Constitution, which. The oath or
affirmation shall be endorsed on the certificate of appointment and filed as otherwise provided
by law. The deputy or clerk shall furnish an official bond in such an amount and with such
surety or sureties as his as the principal may deem deems proper, which. The bond shall be
attached to the certificate of appointment and oath of office.
Section 5. That § 7-7-23 be amended to read:
7-7-23. Any officer who shall receive and appropriate to his receives or appropriates for the
officer's own use and benefit any part of the salary allowed any deputy or clerk employed under
the provisions of this title shall be is guilty of theft.
Section 6. That § 7-8-26.4 be amended to read:
7-8-26.4. If a county officer or employee can demonstrate to the county commission that he
has of a condition which will leave him the officer or employee uninsurable upon termination
of employment with the county and he elects not to participate in the group hospital, medical,
or health insurance plans authorized by §§ 7-8-26 and 7-8-26.1, the board of county
commissioners may enter into individual hospital, medical, or health contracts to provide for
the protection and benefit of the officer or employee and his the officer or employee's immediate
family. The board may pay all or part of the necessary premiums for the coverage of the officer
or employee and his the officer or employee's immediate family. However, the monthly
premium for an individual contract shall may not exceed the monthly premium for the group
plan established in the county pursuant to §§ 7-8-26 and 7-8-26.1.
Section 7. That § 7-8A-4 be amended to read:
7-8A-4. The board of county commissioners may appoint as county manager any county
officer or employee deemed to be qualified to be the county manager by reason of his training,
experience, and administrative qualifications. If any county officer or employee is appointed
county manager, the officer or employee shall resign his the office or position and terminate his
office responsibilities before assuming the office of county manager.
Section 8. That § 7-9-5 be amended to read:
7-9-5. No register of deeds shall may accept for record or record any deed, mortgage, or
other conveyance of any platted plot of land until the plat thereof shall have has been accepted
for record in his the register of deed's office.
Section 9. That § 7-10-3 be amended to read:
7-10-3. The county auditor shall also at the close of each calendar month list all cash and
cash items in the hands of held by the county treasurer and at the same time verify the balances
in the several bank depositories. He The county auditor shall make a report of the same to the
board of county commissioners at each regular meeting, showing the bank balances, the total
amount of actual cash, the total amount of checks and drafts which have been in the treasurer's
possession not exceeding three days, and he shall make in detail. The county auditor shall also
submit an itemized report of all cash items, checks, and drafts which have been in the treasurer's
possession over three days, which. This report shall be made a part of the county commissioners'
proceedings.
Section 10. That § 7-10-9 be amended to read:
7-10-9. An action may be brought against the county auditor and the sureties upon his the
official bond, in the name of the state and for its use, or for the use of any county or person
injured by the misconduct in office of the auditor, or by the omission of any duty required of
him the auditor by law.
Section 11. That § 7-11-1 be amended to read:
7-11-1. The county treasurer is the collector of taxes. He The treasurer shall keep his
maintain an office at the county seat. It is his duty to The treasurer shall receive all money
belonging to the county from whatever source derived and other money which by law is directed
to be paid to him the treasurer.
Section 12. That § 7-11-2 be amended to read:
7-11-2. Whenever If the county treasurer in furnishing the bond required of him by law shall
is required to furnish a bond executed by a surety company legally authorized to transact
business in this state, upon the approval of such the bond by the county commissioners, the
county shall pay the premium for such the bond.
Section 13. That § 7-11-4 be amended to read:
7-11-4. The county treasurer shall be charged with the amount of all tax lists in his hands
for collection and credited with the amounts collected thereon and collect and credit the taxes
on behalf of the county and maintain the delinquent taxpayer list.
Section 14. That § 7-11-4.1 be amended to read:
7-11-4.1. A No county treasurer may not be held personally liable for insufficient or no
account checks issued to him the treasurer for the licensure of snowmobiles, cars, trucks motor
vehicles, trailers, motorcycles, and or manufactured homes, if the county treasurer has exercised
due diligence and has taken the following steps:
Section 15. That § 7-11-5 be amended to read:
7-11-5.
virtue of his office and also all sums received by him as interest or compensation for the use,
deposit, or forbearance of any county money or funds in his hands or under his control the
treasurer and interest received on deposits.
Section 16. That § 7-11-6 be amended to read:
7-11-6. All money received by the county treasurer for the use of the county shall may only
be disbursed by him only the treasurer on the warrant of the county auditor drawn according to
law, and all. All money shall be paid over by him the treasurer at the time and in the manner
provided by law.
Section 17. That § 7-11-9 be amended to read:
7-11-9. Whenever If the treasurer receives any money, warrants, or orders on any account
other than taxes charged on the tax duplicate, he the treasurer shall make out duplicate receipts
for the same, one of which. One receipt shall be delivered to the person paying such the money,
warrant, or order and the other receipt shall within one week be filed by the treasurer with the
auditor in order that the treasurer may be charged with the amount thereof within one week.
Section 18. That § 7-11-17 be amended to read:
7-11-17. The books, accounts, and vouchers of the county treasurer and all money, warrants,
or orders remaining in the treasury shall at all times be subject to the inspection and examination
of the board of county commissioners; and at, including the regular meetings of the board in
January and July of each year and at such any other times as it may direct, he the board directs.
The treasurer shall settle with it his the board the accounts as kept by the treasurer.
his the bond.
Section 19. That § 7-11-18 be amended to read:
7-11-18. If any county treasurer shall fail fails to make return or settlement or to pay over
all money with which he the treasurer may stand charged at the time and in the manner
prescribed by law, it shall be the duty of the county auditor, on receiving instructions from the
state auditor or from the county commissioners, to cause suit to be instituted shall institute a suit
against such either the treasurer and his sureties or any of them or the surety, or both, in the
circuit court of his the county.
Section 20. That § 7-11-19 be amended to read:
7-11-19. The making of profit and converting the same to his profit to private use or benefit,
directly or indirectly, by the county treasurer out of any money in the county treasury with the
custody of which he the treasurer is charged, by using, loaning, or depositing the same profit in
any manner, is theft. In addition the treasurer shall also be is liable upon his the official bond
for the profits realized by such the unlawful using of such use of the county funds.
Section 21. That § 7-12-1 be amended to read:
7-12-1. The sheriff shall keep and preserve the peace within his the county, for which
purpose he is empowered to. The sheriff may call to his aid such persons any person or power
of his the county as he may deem the sheriff deems necessary. He must The sheriff shall pursue
and apprehend all felons, and must shall execute all writs, warrants, and other process processes
from any court or magistrate for which shall be directed to him by the sheriff has the legal
authority.
Section 22. That § 7-12-2 be amended to read:
7-12-2. The sheriff shall keep his the office at the county seat, serve or post all notices he
may receive received from the county auditor or the board of county commissioners, and
perform such other duties as are prescribed by the laws of this state law.
Section 23. That § 7-12-4 be amended to read:
7-12-4. It shall be the duty of the The sheriff to shall comply with all orders of the attorney
general or his agents and at all times, whether on duty under the call of the attorney general or
his agents or not, to see to it as far as may be possible that. The sheriff shall faithfully execute
and enforce all the laws of this state and especially all laws relating to alcoholic beverages are
faithfully executed and enforced.
Section 24. That § 7-12-5 be amended to read:
7-12-5. The sheriff shall furnish to the attorney general or his agents from time to time any
information regarding conditions in his the county that may be required, and it shall be his duty
to inform himself of. The sheriff shall pursue all violations of the criminal laws of this state, to
notify the state's attorney thereof, to of violations, collect preliminary information, file criminal
complaints or preliminary informations therefor, and to arrest and assist in the prosecution of
persons charged therewith.
Section 25. That § 7-12-6 be amended to read:
7-12-6. When If the sheriff is sued, the coroner shall serve the papers on him, and his the
sheriff. The return on all papers served by him shall have the coroner has the same credit as the
sheriff's return, and he. The coroner shall receive the same fees as the sheriff receives for like
services.
Section 26. That § 7-12-11 be amended to read:
7-12-11. The sheriff
in the performance of the duties of his the sheriff's office, provided, however, that the. The
sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities
and duties, summarily.
Section 27. That § 7-12-20 be amended to read:
7-12-20. If any sheriff or other officer serves any summons, subpoena, bench warrant,
venire, or other process in any action to which the state is a party, the officer shall be required
to endorse upon the writ or process or upon a paper attached thereto, at the time he makes his
of the return of service thereon, a statement of his the fees for the service, the number of miles
traveled, and the amount of his mileage; and in case he shall fail. If the sheriff fails to make his
the return with the statement and file the same return with the clerk of the court from which the
process issued, before judgment shall be is pronounced in the action to which the process
relates, he shall the sheriff may not receive no fees any fee for the service, and the. The county
commissioners of the county where the service is performed are also prohibited from allowing
the same reimbursement. No fee may be required of a county, its officers, or board of county
commissioners in any action commenced by the county.
Section 28. That § 7-16-16 be amended to read:
7-16-16. The state's attorney and his deputy the state's attorney's deputies and special agents
are entitled to receive from the county their the necessary traveling and hotel expenses,
including necessary telephone and telegraph bills, while traveling for the purpose of making
investigations and attending to the duties of their office either within or without the state. The
county treasurer shall pay the expenses upon the presentation of itemized vouchers approved
by the state's attorney. When If the state's attorney or his, the deputy, or special agent uses his
own automobile or conveyance, he used a personal motor vehicle, the person is entitled to
receive not more than the state rate for each mile necessarily traveled.
Section 29. That § 7-16-17 be amended to read:
7-16-17. If the state's attorney of one county
Section 30. That § 7-16-19 be amended to read:
7-16-19. In
Section 31. That § 7-16-19.1 be amended to read:
7-16-19.1. The state's attorney of a county not employing a full-time state's attorney may maintain the Office of State's Attorney at
Section 32. That § 7-16-20 be amended to read:
7-16-20.
Section 33. That § 7-16-21 be amended to read:
7-16-21. The state's attorney shall pay over to the county treasurer all money
state's attorney shall file with the county auditor a complete list of the amount so paid showing
all fees and costs received in civil actions in which the county is the successful party, as well
as all fines, recognizances, forfeitures, penalties, or costs received by him, specifying in each
instance the state's attorney. The state's attorney shall specify the name of each person from
whom he may have received such money was received, the particular amount paid by each
person, and the cause for which each payment was made. A state's attorney who neglects to
account for or pay over the money received by him as required by this section is guilty of theft.
Section 34. That § 7-16-22 be amended to read:
7-16-22. It shall be the duty of the The county treasurer, in his the treasurer's official name
and capacity, to shall cause an action to be instituted upon the bond of such the state's attorney
for the recovery of the money so received and unpaid by him the state's attorney.
Section 35. That § 7-16A-9 be amended to read:
7-16A-9. A public defender and his assistants shall represent any indigent person who is:
Section 36. That § 7-16A-12 be amended to read:
7-16A-12. If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to
represent him the indigent person.
Section 37. That § 7-16A-18 be amended to read:
7-16A-18. A public defender shall keep appropriate records for each indigent person represented by
Section 38. That § 7-16B-13 be amended to read:
7-16B-13. There is established at the association of county commissioners a county legal expense relief fund administered by the county legal expense relief board created pursuant to § 7-16B-22. Expenditures from the fund shall be approved by the board.
Section 39. That § 7-16B-15 be amended to read:
7-16B-15.
Section 40. That § 7-16B-16 be amended to read:
7-16B-16. Any participating county may apply to the board for funds from the county legal expense relief fund if that county has incurred expenses related to any one criminal prosecution resulting in a court trial that are in excess of twenty-five thousand dollars.
Section 41. That § 7-18-2 be amended to read:
7-18-2. The board of county commissioners shall procure and keep a seal with
Section 42. That § 7-18-3 be amended to read:
7-18-3. At its regular meeting in January of each year the board of county commissioners shall designate three legal newspapers printed in the county as official newspapers. If there are not three legal newspapers within the county, then as many newspapers that are legal newspapers. No more than two newspapers within the same municipality may be designated as official newspapers by the county, if there are other legal newspapers published elsewhere within the county.
the official newspapers. If any notice includes a legal description of property outside the
incorporated limits of a municipality, the notice may include a physical description of the
property from the nearest incorporated municipality.
Section 43. That § 7-18-3.1 be amended to read:
7-18-3.1. The name of any person receiving or who is entitled to poor relief as provided in
chapter 28-13 shall may not be published as a part of the minutes of county commissioners
meetings as provided in § 7-18-3.
Section 44. That § 7-18-4 be amended to read:
7-18-4. The editor, publisher, or foreman of each Each official newspaper, shall file or cause
to be filed with the county auditor an affidavit of publication with the county auditor, executed
in due form, of all legal official publications so made; provided, however, that not more than
two newspapers within the same municipality shall be so designated, if there are other legal
newspapers published elsewhere within made by the county.
Section 45. That § 7-18-5 be amended to read:
7-18-5. It shall be the duty of the The county auditor to shall make a full and complete report
of the proceedings of each regular and special meeting of the board, and to transmit the same
to the publishers of and send a copy to the official newspapers. Such The report shall be made
out and transmitted sent within one week from the time such each meeting is held.
Section 46. That § 7-18-9 be amended to read:
7-18-9. The board of county commissioners is authorized to may condemn private property
for public purposes in the manner and to the extent hereinafter provided by law.
repairing, or extending any courthouse, jail, or other public building, and of acquiring other or
additional ground therefor, or for the purpose of providing cut slopes, borrow pits, or channel
changes, or to afford unobstructed vision on said the highways in said the county at any point
of danger to public travel, for right-of-way and borrow pit, or for the purpose of making any
other public improvement or to acquire private property for any public use authorized by law,
such the board shall by resolution and order declare such an appropriation necessary to be made,
stating and state the purpose thereof and the extent of such the appropriation, and thereupon
proceedings for such condemnation and appropriation shall be had as provided by law.
Section 47. That § 7-18-10 be amended to read:
7-18-10. Any county of this state may, through its board of commissioners, enter into agreements with and receive grants from
Section 48. That § 7-18A-12 be amended to read:
7-18A-12. Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that he or she circulated the petition and that either
Section 49. That § 7-18A-13 be amended to read:
7-18A-13.
enact the proposed ordinance or resolution and shall submit it to a vote of the voters in the
manner prescribed for a referendum within sixty days after the final enactment. However, if the
petition is filed within three months prior to the primary or general election, the ordinance or
resolution may be submitted at the primary or general election.
Section 50. That § 7-18A-14 be amended to read:
7-18A-14. No initiated ordinance or resolution shall become operative is effective unless
approved by a majority of the votes cast for and against the same ordinance or resolution. If so
approved, it shall take the ordinance or resolution takes effect upon the completion of the
canvass of the election returns relating thereto.
Section 51. That § 7-18A-26 be repealed.
7-18A-26. All county ordinances in effect on July 1, 1975, shall become void unless, prior
to July 1, 1978, they have been compiled and published in book form as provided in § 7-18A-27.
Section 52. That § 7-19-1 be amended to read:
7-19-1. The state's attorney is authorized to may commence and prosecute actions in the
name of and on behalf of the county, as hereinafter as provided in this chapter.
Section 53. That § 7-19-2 be amended to read:
7-19-2.
Section 54. That § 7-20-1 be amended to read:
7-20-1. The county treasurer shall deposit and at all times keep on deposit the money
Section 55. That § 7-20-12 be amended to read:
7-20-12. Any county officer neglecting or refusing to comply with the provisions of §§ 7-20-
1 to 7-20-11, inclusive, shall be is subject to removal from office. The No county treasurer shall
not be is liable on his the county treasurer's official bond for any loss of money deposited in
compliance with the provisions of said these sections.
Section 56. That § 7-20-14 be amended to read:
7-20-14. The limit of deposit which may be carried or deposited in any such bank by the
county treasurer, as provided in § 7-20-10, shall does not apply to banks any bank designated
as active depositories; provided however, that in no event shall the. However, no county
treasurer may deposit in such banks a bank more than the limit provided for by § 7-20-10 unless
he shall first receive the county treasurer receives express authority from the board of county
commissioners evidenced by a resolution of such board, duly entered, authorizing the deposit
of a greater amount.
Section 57. That § 7-21-17 be amended to read:
7-21-17. Every Each contract made in violation of the provisions of § 7-21-16 shall be is
null and void in regard to any obligation thereby purported to be imposed on the county, but
every such. However, any officer who makes or participates in making or authorizes the making
of any such made or authorized the contract shall be is individually liable for its performance.
Section 58. That § 7-22-1 be amended to read:
7-22-1. Before any account, claim, or demand against any county for any obligation, property, or services for which
Section 59. That § 7-22-8 be amended to read:
7-22-8. The treasurer of each organized county shall
date, and amount of each warrant presented, the particular fund upon which the same warrant
is drawn, the date of presentation, the name and address of the person in whose name the same
warrant is registered, the date of payment when made, the amount of interest, and the total
amount paid thereon, with the date when notice to the person in whose name such the warrant
is registered is mailed, as hereinafter provided.
Section 60. That § 7-22-9 be amended to read:
7-22-9. Whenever If any warrant shall be is presented to the treasurer for payment and there
shall be no funds in the treasury have been appropriated for that purpose, the treasurer shall
enter such the warrant in his the warrant register for payment in the order of presentation; and,
upon such warrant so registered, he. The treasurer shall endorse on the warrant the registry
number, date of registration, and the words "Not paid for want of funds," and sign such the
endorsement; provided however, that nothing in this chapter shall be construed to require the
holder of any warrant to register the same.
Section 61. That § 7-22-13 be amended to read:
7-22-13. Any warrant holder who shall fail fails to present his a warrant to the treasurer
within thirty days after the treasurer shall have mailed him written notice to present the same
has mailed written notice to the holder, addressed to such the holder's last known address, shall
lose his loses the right to payment in order provided in pursuant to § 7-22-12. No holder of a
registered warrant shall be is entitled to payment in the order provided in § 7-22-12 unless he
shall first have the holder has filed with the treasurer a description of the warrant or warrants
held by him the holder, and his the holder's name and post office address.
Section 62. That § 7-22-15 be amended to read:
7-22-15. All such registered warrants shall be paid in the order of their registration and it
shall be the duty of every such the treasurer, as soon as money sufficient for the payment of such
the warrants is received to the credit of the particular fund upon which the same warrants are
drawn, to shall immediately notify by mail the persons in whose names the same warrants are
drawn or, if he shall receive. If the treasurer receives written notice from some other person that
he such person is the holder of any such the warrant, then the treasurer shall notify such the
other person and thereupon interest upon such the warrants shall cease and the. The treasurer
shall pay and cancel such the warrants upon presentation thereof of the written notice.
Section 63. That § 7-22-16 be amended to read:
7-22-16. No county treasurer shall may either directly or indirectly contract for or purchase
any warrant issued by the county of which he is for which the treasurer at receives any discount
whatever upon the sum due on such the warrant; and if any county. If the treasurer shall so
contract contracts for or purchase any such warrant, he shall not be the treasurer is not allowed
in settlement the amount of such the warrant or any part thereof and of the warrant. The
treasurer shall forfeit the whole amount due on such the warrant to be recovered by civil action
at the suit of the state for the use of the county.
Section 64. That § 7-25-8 be amended to read:
7-25-8. One copy of the plans and specifications for any building or buildings to be erected
shall be and remain on file in the office of the county auditor at all times from the beginning of
the publication of the advertisement for bids until the completion of the building or buildings.
Any county auditor who shall allow or permit allows or permits the original of any building
plans or specifications filed in his the office, as in this section provided, to be taken away
removed from his the office after the same shall have been filed commits a petty offense.
Section 65. That § 7-25-12 be amended to read:
7-25-12. The board must further shall require a bond from the contractor in a sum equal to
the contract price, conditioned that the contractor will execute his executes the contract and
complete completes the building or buildings according to the plans and specifications and to
the full satisfaction of the board, and. The contractor shall account for all moneys paid to him
the contractor and pay all bills and claims on account of labor or materials furnished in and
about the performance of the contract including all demands of subcontractors, such. The bond
to shall stand as security for all such the bills, claims, and demands and to be a surety bond
issued by some a surety company authorized to do a surety bonding business in the state or a
personal bond with sufficient sureties, to be approved by the board of county commissioners.
Section 66. That § 7-25A-17 be amended to read:
7-25A-17. Each member of the board of supervisors shall receive for his services an amount
not to exceed one hundred dollars per month or an amount established by the electors at
referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the
board.
Section 67. That § 7-25A-21 be amended to read:
7-25A-21. The board shall designate a person as treasurer of the district, who shall have is
in charge of the funds of the district. The funds shall may only be disbursed only upon the order,
or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer
and by such other person as may be authorized by the board. The board may give the treasurer
other or additional powers and duties as the board may deem deems appropriate and may fix his
the compensation for the treasurer. The board may require the treasurer to give a bond in such
amount, on such terms, and with such sureties as may be is deemed satisfactory to the board to
secure the performance by the treasurer of his the powers and duties.
Section 68. That § 7-27-19 be repealed.
7-27-19. The board of county commissioners in each county may appoint some suitable
person to collect and send to the annual state or any county fair or other like agricultural
exhibition, agricultural, horticultural, mineral, and livestock exhibits, and may expend each year
for such purposes a sum not exceeding six hundred dollars. All prizes awarded for such county
exhibit shall be paid into the county general fund and become the property of the county.
Section 69. That § 7-28-1 be repealed.
7-28-1. The board of county commissioners of any county of the State of South Dakota may
appoint one of its members to act with the county auditor and the county treasurer as a
purchasing committee for all supplies required for the offices of county auditor, county
treasurer, register of deeds, state's attorney, and sheriff. After a purchasing committee has been
established in any county, no supplies for any of such offices shall be purchased except by such
purchasing committee. The members of the committee shall receive no compensation for the
performance of their duties as such purchasing committee other than or in addition to their
regular compensation as county officers.
Section 70. That § 7-30-5 be amended to read:
7-30-5. Whenever If the highest offer for any tract of land payable in cash is satisfactory,
such the bidder shall immediately pay to the county treasurer the amount specified as the annual
rental for the tract, and take the treasurer's. The treasurer shall give the bidder a receipt therefor,
and shall keep a copy of which shall be retained by the treasurer in his on file in the office. The
bidder shall exhibit such receipt to the county auditor, who shall thereupon prepare a lease of
such for the tract in duplicate to be signed by the county auditor and the lessee, one copy to be
given to the lessee and one copy to be retained by the. The county auditor in his shall give the
lessee a copy and shall keep a copy on file in the office.
Section 71. That § 7-30-16 be amended to read:
7-30-16. Any lessee, who shall complete constructs a dam pursuant to the permit described
in § 7-30-15 and cause has received a certificate, executed by the federal district range program
inspector that he has measured the dam and approved it and that the dam contains a certain
number of cubic yards of earth, to be filed in the office of the county auditor, shall thereafter be
is entitled to payment as provided in § 7-30-17, unless he sooner the lessee defaults in the terms
of the lease, abandons same the lease, or fails to bid at the next letting thereof of the lease. The
inspector shall state in the certificate the measurements of the dam, including the number of
cubic yards of earth and whether the dam was approved by the inspector.