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State of South Dakota  
EIGHTIETH SESSION
LEGISLATIVE ASSEMBLY,  2005
 

438L0174  
SENATE BILL   NO.     205  

Introduced by:     Senators Kooistra and Kloucek and Representatives Lange and Gillespie  



         FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the referral of acts, determinations, or decisions made by the governing bodies of counties or municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 7-18A-15 be amended to read as follows:
     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 as may be necessary . However, no ordinance or resolution for the immediate preservation of the public peace, health, or safety , or for the support of the county government and its existing public institutions may be referred. No ordinance or resolution concerning employee contractual agreements may be referred unless specifically authorized by law .
     Section  2.  That § 7-18A-15.1 be repealed.
     7-18A-15.1.   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  3.  That § 7-18A-1 be amended to read as follows:
     7-18A-1.   Terms used in this chapter, unless the context plainly requires otherwise, shall mean:
             (1)      "Board," a board of county commissioners;
             (2)      "Ordinance," a permanent legislative act of a board of county commissioners passed within the limits of its powers;
             (3)      "Publish," publication in the official county newspapers;
             (4)      "Resolution," any determination, decision, or direction of a board of county commissioners of a special or temporary character, made for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
     Section  4.  That § 9-20-19 be amended to read as follows:
     9-20-19.   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 any ordinance, resolution, amendment, or motion adopted by a governing board. No ordinance or resolution concerning employee contractual agreements may be referred unless specifically authorized by law .