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HB 1103 revise certain provisions regarding the qualification process ...
State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

486X0276   HOUSE BILL   NO.  1103  

Introduced by:    Representatives Brunner and Soli and Senators Olson and Heinert
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the qualification process for municipal office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 9-14-5 be amended to read:
    9-14-5. Each appointive municipal officer shall begin discharging the duties of the office as soon as the officer has qualified and by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the month following the appointment. The officer shall hold office until the appointment and qualification of a successor.
    Each elective municipal officer, if elected to fill a vacancy, shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the month following the election. Except as otherwise provided, each officer, if elected for a full term, shall begin discharging the duties of the office on the first meeting of the month next succeeding the election or as soon thereafter as the officer has qualified.
    Section 2. That § 9-14-7 be amended to read:
    9-14-7. In third class municipalities the clerk, director of equalization, treasurer, and marshal, within ten days after notice of their within ten days after the first meeting of the month following the election or appointment, shall take and subscribe an oath or affirmation of office in the form required by the Constitution and furnish an undertaking to be approved by the Board of Trustees in such sum as it shall direct.
    Section 3. That § 9-14-10 be amended to read:
    9-14-10. The removal of any municipal officer from the ward or municipality for which he the officer was elected or appointed, or his the officer's failure, for ten days after notice of his within ten days after the first meeting of the month following the election or appointment, to qualify and enter upon begin the duties of his office, shall cause causes a vacancy therein in the office.