An Act to modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 7-18A-8 be AMENDED:

7-18A-8. Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the county government and its existing public institutions; which provide for an election or hearing on an improvement or assessment; or which call for bids which take effect upon the passage and publication thereof, every resolution or ordinance passed by a board shall take effect on the twentieth day after its completed publication unless suspended by operation of a referendum.

Except as otherwise provided in this section, an ordinance or resolution passed by a board of county commissioners takes effect on the twentieth day after the final publication of the ordinance or resolution in the county's official newspapers, as designated pursuant to § 7-18-3.

An ordinance or resolution takes effect upon the passage and publication of the ordinance or resolution if the ordinance or resolution:

(1) May be necessary for:

(a) The immediate preservation of the public peace, health, or safety; or

(b) The support of the county government and its existing public institutions;

(2) Provides for an election;

(3) Provides for a hearing on an improvement or assessment; or

(4) Calls for a bid.

An ordinance or resolution that has been referred to a vote of the people does not take effect until the completion of the referendum process.

Section 2. That § 7-18A-15 be AMENDED:

7-18A-15. Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions asThe registered voters of a county may refer an ordinance or resolution adopted by the board of county commissioners to the voters of the county by filing a petition with the county auditor, within twenty days of the publication of the decision in each of the county's official newspapers, as designated pursuant to § 7-18-3. The petition must be signed by at least five percent of the registered voters of the county, based upon the total number of registered voters in the county at the last general election, or two thousand five hundred registered voters of the county, whichever is fewer.

Unless otherwise permitted by law, the registered voters of a county may not refer:

(1) An ordinance or resolution that may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the county government and its existing public institutions; or

(2) An ordinance, resolution, or other decision that:

(a) Executes a plan already adopted by the board or by the Legislature; or

(b) Provides for the supervision of county programs, employees, or officials.

Section 3. That § 7-18A-29 be AMENDED:

7-18A-29. Upon the adoption of an ordinance in revision by the board that revises the ordinances of the county, pursuant to § 7-18A-28, the auditor shall publish a notice, once each week for two successive weeks, in the legal newspapers designated pursuant to § 7-18-3, a notice that an ordinance in revision was adopted.Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper. The notice must be published once a week for two successive weeks.

The ordinance is effective twenty days after the second publication of the notice. The board shall publish the revised ordinances in book form.

Section 4. That § 9-4-4.5 be AMENDED:

9-4-4.5. The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.The registered voters living in the municipality and area designated for annexation by the municipality may refer a resolution adopted by the governing body of the municipality to annex land for the purpose of expanding the municipality's boundaries by filing a petition with the municipal finance officer, within twenty days of the publication of the decision. The petition must be signed by at least five percent of the registered voters residing in the combined area of the municipality and area designated for annexation, based on the number of the registered voters of the area, as determined by the county auditor pursuant to § 9-20-8, or two thousand five hundred registered voters residing in the same area, whichever is fewer.

Section 5. That § 9-19-13 be AMENDED:

9-19-13. Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.Except as otherwise provided in this section, an ordinance or resolution passed by the governing body of a municipality takes effect on the twentieth day after the publication of the ordinance or resolution in the municipality's legal newspaper, as designated pursuant to § 9-12-6.

An ordinance or resolution takes effect upon the passage and publication of the ordinance or resolution if the ordinance or resolution:

(1) May be necessary for:

(a) The immediate preservation of the public peace, health, or safety; or

(b) The support of the municipal government and its existing public institutions;

(2) Provides for an election;

(3) Provides for a hearing on an improvement or assessment; or

(4) Calls for a bid.

An ordinance or resolution that has been referred to a vote of the people does not take effect until the completion of the referendum process.

Section 6. That § 9-20-6 be AMENDED:

9-20-6. The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the voters of the municipality for its rejection or approval. If filed on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.The registered voters of a municipality may refer an ordinance or resolution adopted by the governing body of the municipality to the voters of the municipality by filing a petition with the municipal finance officer, within twenty days of the publication of the decision. The petition must be signed by at least five percent of the registered voters of the municipality, based on the number of the registered voters of the municipality, as recorded by the county auditor pursuant to § 9-2-2, or two thousand five hundred registered voters of the municipality, whichever is fewer. The petition must be filed with the finance officer before the normal finance office closing time on the twentieth day.

Unless otherwise permitted by law, the registered voters of a municipality may not refer:

(1) An ordinance or resolution that may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the municipal government and its existing public institutions; or

(2) An ordinance, resolution, or other decision that:

(a) Executes a plan already adopted by the governing body or by the Legislature; or

(b) Provides for the supervision of municipal programs, employees, or officials.

Section 7. That § 9-20-8 be AMENDED:

9-20-8. The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. The signer or circulator shall add the signer's residence address, county of voter registration, and date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.An individual signing the petition to refer an ordinance or resolution or the petition circulator shall add the individual's residence address, county of voter registration, and the date of signing. If the individual lives within a second-class or third-class municipality, the individual may provide the individual's post office box number in lieu of a street address.

Section 8. That § 10-12-43 be AMENDED:

10-12-43. The governing body of the school district may raise additional revenues for general fund purposes only, from property tax through the imposition of an excess tax levy. The governing body of a school district may impose the excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. On any excess tax levy approved after July 1, 2002, the governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will be applied.

The requirements for an announcement made pursuant to this section are as follows:

(1) The decision of the governing body to originally impose or subsequently increase an excess tax levy shall be first published within ten days of the decision;

(2) Publication shall be made at least twice in the legal newspaper designated pursuant to § 13-8-10, with no fewer than five days between publication dates, before the opt out takes effect;

(3) The announcement shall be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;

(4) The announcement shall be headed with the following statement in a typeface no less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the "Resolution for Opt Out," including the amount that property taxes will be increased annually by the proposed opt out and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the school district for notification of taxpayers as required by this section. However, the requirements of subdivisions (3) and (4) shall be waived if:

(A) The opt out is for less than fifteen thousand dollars; or

(B) A copy of the resolution for opt out is mailed to every property taxpayer in the local governmental unit, by first class mail or bulk mail, within twenty days of the decision to opt out; and

(C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.

For the purposes of subsections (A), (B), and (C), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the official newspaper.

The opt out decision may be referred to a vote of the people upon a resolution of the governing body of the school district or by a petition signed by at least five percent of the registered voters in the school district and filed with the governing body within twenty days of the first publication of the decision. The referendum election shall be held on or before October first of the year prior to the time the taxes are payable.

The board of a school district may, by resolution, impose an excess tax levy to raise additional revenues from property tax for general fund purposes only. The board may impose the excess tax levy with an affirmative vote of at least two-thirds of the members on or before July fifteenth of the year prior to the year the taxes are payable. The board shall specify in the resolution the year or number of years the excess tax is to be applied.

The decision of the board to impose or increase an excess tax levy must first be published in the district's legal newspaper, as designated pursuant to § 13-8-10, within ten days of the board's decision. The board must publish at least two additional notifications in the district's legal newspaper, the last of which must be published not more than seven days before the excess levy takes effect, provided that there are at least five days between the publication of the two notices. Each notice must:

(1) Contain the following headline in a typeface no less than eighteen-point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)";

(2) Consist of a reproduction of the "Resolution for Opt Out," including the amount by which property taxes are to be increased annually by the proposed opt out; and

(3) Include a statement of the right to refer the decision of the board to a vote of the people, as provided in this section.

The board is not required to meet the formatting and content requirements required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand dollars or if the board has, within twenty days of the decision to impose the excess tax levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the resolution is published in each newspaper within the school district, as established in § 17-2-2.1. The additional notices must be published at least three days after the mailing is sent or the resolution is delivered to the official newspaper, whichever is later.

The secretary of the Department of Revenue shall promulgate rules, pursuant to chapter 1-26, prescribing the form to be used by the school district for notification of taxpayers, as required by this section.

Section 9. That § 10-12-43.1 be AMENDED:

10-12-43.1. A school district may raise additional revenues for capital outlay fund purposes through the imposition of an excess tax levy. A school district seeking to impose an excess tax levy pursuant to this section is subject to the same opt out procedures and requirements as provided in § 10-12-43. The opt out decision may be referred to a vote of the people in the same manner as provided in § 10-12-43.

A school district imposing an excess tax levy pursuant to this section shall exclude any additional revenue generated by the excess tax levy from the total tax revenues deposited in the capital outlay fund when calculating the maximum allowable transfer to the school district's general fund authorized under § 13-16-6. Any additional Additional revenue generated by the excess tax levy may only be used for capital outlay fund purposes pursuant to § 13-16-6.

In no year may the annual tax levy for capital outlay fund purposes exceed the levy authorized under § 13-16-7.

Section 10. That a NEW SECTION be added to chapter 10-12:

The registered voters of a school district may refer a resolution adopted by the board of the school district to impose an excess tax levy, pursuant to § 10-12-43 or 10-12-43.1, by filing a petition with the business manager of the school district, within twenty days of the first publication of the decision. The petition must be signed by at least five percent of the registered voters of the school district, based on the total number of registered voters of the school district, or two thousand five hundred registered voters of the school district, whichever is fewer.

The election must be held on or before October first of the year prior to the time the taxes are payable. The business manager shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots according to the provisions of chapter 13-7.

Section 11. That § 10-13-35.13 be AMENDED:

10-13-35.13. The governing body of a taxing district may, by resolution, impose the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing body on or before July fifteenth.

The decision of the governing body to impose the levy shall be published within ten days of the decision as follows:

(1) Publication shall be made at least twice in the legal newspaper designated by the governing body pursuant to law, with no fewer than five days between publication dates, before the tax imposition takes effect;

(2) The announcement shall be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;

(3) The announcement shall be headed with the following statement in a typeface no less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the resolution including the amount that property taxes will be imposed and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for notification of taxpayers as required by this section. However, the requirements of subdivisions (2) and (3) are waived if:

(a) The property tax imposed is for less than fifteen thousand dollars; or

(b) A copy of the resolution is mailed to every property taxpayer in the taxing district, by first class mail or bulk mail, within twenty days of the decision; and

(c) A copy of the resolution is printed in each legal newspaper in the taxing district's boundaries.

For the purposes of subsections (a), (b), and (c), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the legal newspaper.

The governing body's decision may be referred to a vote of the people upon a resolution of the governing body of the taxing district or by a petition signed by at least five percent of the registered voters in the taxing district and filed with the respective governing body within twenty days of the first publication of the decision. The referendum election shall be held on or before October first preceding the year the taxes are payable.The governing body of a taxing district may, by resolution, impose the levy provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of at least two-thirds of the total membership of the body, on or before July fifteenth of the year prior to the year in which the taxes are payable.

The decision of the governing body to impose the levy must be published in the legal newspaper designated by the governing body, within ten days of the body's decision. The body must publish at least two additional notifications in the district's legal newspaper, the last of which must be published not more than seven days before the tax levy takes effect, provided that there are at least five days between the publication of the two notices. Each notice must:

(1) Be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;

(2) Contain the following headline in a typeface no less than eighteen-point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in amount)";

(3) Consist of a reproduction of the resolution, including the amount that property taxes are to be imposed; and

(4) Include a statement of the right to refer the decision of the board to a vote of the people as provided in this section.

The governing body is not required to meet the formatting and content requirements required by subdivisions (3) and (4) if the excess tax levy is for less than fifteen thousand dollars or if the body has, within twenty days of the decision to impose the excess tax levy, mailed to every property taxpayer in the municipality, by first class or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the resolution is published in each newspaper within the municipality, as established in § 17-2-2.1. The additional notices must be published at least three days after the mailing is sent or the resolution is delivered to the official newspaper, whichever is later.

The secretary of the Department of Revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the notification of taxpayers as required by this section.

Section 12. That a NEW SECTION be added to chapter 10-13:

The registered voters of a taxing district may refer a resolution adopted by the governing body of the taxing district to impose an excess tax levy by filing a petition with the person in charge of the taxing district's elections, within twenty days of the first publication of the decision. The petition must be signed by at least five percent of the registered voters of the taxing district, or two thousand five hundred registered voters of the taxing district, whichever is fewer.

The referendum election must be held on or before October first of the year prior to the time the taxes are payable. The person in charge of the taxing district's elections shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots according to the provisions of chapter 9-13.

Section 13. That § 10-13-36 be AMENDED:

10-13-36. The governing body of a taxing district may exceed the limit pursuant to § 10-13-35 through the imposition of an excess tax levy. The governing body of a taxing district may impose an excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. On any excess tax levy approved after July 1, 2002, the governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will be applied. The requirements for an announcement made pursuant to this section are as follows:

(1) The decision of the governing body to originally impose or subsequently increase an excess tax levy shall be published within ten days of the decision;

(2) Publication shall be made at least twice in the legal newspaper designated by the governing body pursuant to law, with no fewer than five days between publication dates, before the opt out takes effect;

(3) The announcement shall be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;

(4) The announcement shall be headed with the following statement in a typeface no less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the "Resolution for Opt Out," including the amount that property taxes will be increased annually by the proposed opt out and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for notification of taxpayers as required by this section.

However, the requirements of subdivisions (3) and (4) shall be waived if:

(A) The opt out is for less than fifteen thousand dollars; or

(B) A copy of the resolution for opt out is mailed to every property taxpayer in the local governmental unit, by first class mail or bulk mail, within twenty days of the decision to opt out; and

(C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.

For the purposes of subsections (A), (B), and (C), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the official newspaper.

The opt out decision may be referred to a vote of the people upon a resolution of the governing body of the taxing district or by a petition signed by at least five percent of the registered voters in the taxing district and filed with the respective governing body within twenty days of the first publication of the decision. The referendum election shall be held on or before October first preceding the year the taxes are payable. The governing body of a taxing district may impose an excess tax levy to exceed the limit pursuant to § 10-13-35. The governing body of a taxing district may impose an excess tax levy, with an affirmative vote of at least two-thirds of the total membership of the governing body, on or before July fifteenth of the year prior to the year the taxes are payable. The governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy is to be applied.

The decision of the governing body to impose the excess tax levy must be published in the legal newspaper designated by the governing body, within ten days of the body's decision. The body must publish at least two additional notices in the district's legal newspaper, the last of which must be published not more than seven days before the tax levy takes effect, provided that there are at least five days between the publication of the two notices. Each notice must:

(1) Be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;

(2) Contain the following headline in a typeface no less than eighteen-point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)";

(3) Consist of a reproduction of the "Resolution for Opt Out," including the amount that property taxes is to be increased annually by the proposed opt out; and

(4) Include a statement of the right to refer the decision of the board to a vote of the people as provided in this section.

The governing body is not required to meet the formatting and content requirements required by subdivisions (3) and (4) if the excess tax levy is for less than fifteen thousand dollars or if the body has, within twenty days of the decision to impose the excess tax levy, mailed to every property taxpayer in the taxing district, by first class or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the resolution is published in each newspaper within the taxing district, as established in § 17-2-2.1. The additional notices must be published at least three days after the mailing is sent or the resolution is delivered to the official newspaper, whichever is later.

If the opt out is for the purpose of increasing the secondary road levy pursuant to § 31-12-27, only the registered voters within the area of the county not included in any municipality, organized civil township, improvement district organized pursuant to chapter 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote on the referred decision. The taxing districts may not exceed the levy limits provided in chapter 10-12 except for the provisions in § 10-12-36.

The secretary of the Department of Revenue shall promulgate rules, pursuant to chapter 1-26, prescribing the form to be used by the taxing district for notification of taxpayers as required by this section.

Section 14. That a NEW SECTION be added to chapter 10-13:

The registered voters of a taxing district may refer a resolution adopted by the governing body of the taxing district to impose an excess tax levy by filing a petition with the person in charge of the taxing district's elections, within twenty days of the first publication of the decision. The petition must be signed by at least five percent of the registered voters of the taxing district, or two thousand five hundred registered voters of the taxing district, whichever is fewer.

The election must be held on or before October first of the year prior to the time the taxes are payable. The person in charge of the taxing district's elections shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots as provided by law.

Section 15. That § 11-2-47.1 be AMENDED:

11-2-47.1. The board's decision to incorporate the special zoning area may be referred to a vote of the qualified voters of the proposed special zoning area pursuant to §§ 7-18A-17 to 7-18A-24, inclusive.

The qualified registered voters of the proposed special zoning area may refer the decision within twenty days after its publication, by filing a petition with the person in charge of the jurisdiction's elections, within twenty days of the publication of the decision. The petition must be signed by at least five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election. The filing of a valid petition requires the submission of the decision to incorporate the special zoning area to a vote of the qualified voters of the proposed special zoning area for its rejection or approval. The, or two thousand five hundred registered voters of the special zoning area, whichever is fewer.

Upon the filing of a referendum petition, the effective date of the incorporation of the special zoning area on which a referendum is to be held shall be is suspended by the filing of a referendum petition until the referendum process is completed.

Section 16. That § 13-7-32 be AMENDED:

13-7-32. A school board resolution to increase school board terms to four years or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a referendum if five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, petition, within twenty days after the resolution is enacted, to have the question of approval or disapproval of the resolution to increase or decrease term limits placed upon the ballot at the next scheduled election or at a special election called for that purpose. The registered voters of a school district may refer a resolution adopted by the board of a school district to increase or decrease the term of the members of a school board, pursuant to § 13-8-2, by filing a petition with the business manager of the school district, within twenty days of the enactment of the resolution. The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.

Within ten days of the presentation of a petition, the board of the school district shall order and fix the date for holding a special election on a Tuesday between thirty and fifty days from the date of the order. If a petition is filed within the ninety days prior to a regular school district election and with sufficient time to comply with the requirements of this chapter, the question must be submitted at that election.

The business manager shall give notice that the question will is to be on the ballot at the next scheduled election or at a special election called for that purpose as provided by law for school elections and prepare official ballots according to the provisions of this title chapter.

Section 17. That § 13-16-6.4 be AMENDED:

13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval to enter into the agreement or issue capital outlay certificates placed upon the ballot at a special election called for that purpose and The registered voters of a school district may refer a decision of the board of a school district to enter into an agreement or issue capital outlay certificates, pursuant to § 13-16-6.3, by filing a petition with the business manager of the school district, within twenty days of the decision to enter into the agreement or issue the certificates. The decision must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.

The question of approval to enter into the agreement or issue capital outlay certificates must be placed on the ballot of a special election called for that purpose and held on:

(1) The first Tuesday after the first Monday in March;

(2) The first Tuesday after the first Monday in June; or

(3) The first Tuesday after the first Monday in November.

If the bond election is held on a date listed in subdivision (2) or (3) in an even-numbered year, the election must be held in conjunction with the regular primary or general election, respectively. When the election is held in conjunction with the primary or general election, the expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the board of the school district and the boards of county commissioners involved.

The business manager shall give notice that the question is to be on the ballot at the regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title. Approval of the question to enter into an agreement or issue capital outlay certificates requires an affirmative vote of at least sixty percent of those voting on the question.

If the question submitted to the voters at an election is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next available election provided by this section.

Section 18. That § 13-26-9 be AMENDED:

13-26-9. A decision by a school board to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters voting at the last preceding general election, for districts with more than five thousand registered voters. Petitions in districts with less than five thousand registered voters must be signed by five percent of the total number of registered voters at the last preceding general election. The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.The registered voters of a school district may refer a resolution adopted by the board of a school district to schedule the first day of classes before the first Tuesday following the first Monday in September by filing a petition with the business manager of the school district, within twenty days of the adoption of the resolution. The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.

Section 19. That § 13-64-7 be AMENDED:

13-64-7. A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election.The registered voters of a school district may refer a resolution adopted by the board of a school district to implement a school sentinel program, pursuant to § 13-64-1, by filing a petition with the business manager of the school district, within twenty days of the adoption of the resolution. The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.

The board shall allow sufficient time for the referendum process authorized in this section.

Section 20. That § 7-18A-15.1 be REPEALED.

Any legislative decision of a board of county commissioners 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 21. That § 7-18A-16 be REPEALED.

A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance or resolution to a vote of the qualified voters of the county for rejection or approval of the ordinance or resolution.

Section 22. That § 9-20-19 be REPEALED.

Any legislative decision of a 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 23. That § 13-26-10 be REPEALED.

A petition to refer a school board decision may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.

Section 24. That § 13-64-8 be REPEALED.

A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.