An Act to revise certain provisions relating to petitions containing illegal actions and to declare an emergency.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 7-18A-13 be AMENDED:
7-18A-13.
If a petition to
initiate is filed with the auditor, the auditor shall present it to
the board of county commissioners at its next regular or special
meeting.
The
Unless the board determines the petition’s proposed measure is
in contravention of state or federal law, which determination may be
appealed to circuit court in accordance with 7-8-27,
the board shall
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 2. That 9-20-4 be AMENDED:
9-20-4.
When a petition to
initiate is filed with the finance officer, the finance officer shall
present the petition to the governing body at its first ensuing
regular or special meeting.
The
Unless the governing body determines the petition’s proposed
measure is in contravention of state or federal law, which
determination may be appealed to circuit court in accordance with
chapter 21-29
or 21-30,
the governing
body shall submit the petition to a vote of the voters in the manner
prescribed for a referendum.
Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.