An Act to revise certain provisions regarding local referendums.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 7-18A-8 be AMENDED:
7-18A-8. Effective date of ordinances and resolutions--Exceptions.
Except
such resolutions or ordinances as may be
any resolution or ordinance
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
that provides for an
election or hearing on an improvement or assessment; or
which call
that calls for bids
which that
take effect upon the passage and publication
thereof, every
of every resolution or ordinance, each
resolution or ordinance passed by a board shall take effect on the
twentieth
fortieth day after its
completed publication unless suspended by operation of a referendum.
Section 2. That 7-18A-16 be AMENDED:
7-18A-16. Referendum petition--Submission to voters.
A petition to refer an ordinance
or resolution subject to referendum may be filed with the auditor
within twenty
forty days after its
publication. The filing of
such a the
petition shall require the submission of
any such the
ordinance or resolution to a vote of the qualified voters of the
county for its rejection or approval.
Section 3. That 7-18A-29 be AMENDED:
7-18A-29. Publication of notice--Revised ordinance--Publication of ordinances.
Upon the adoption of an ordinance
in revision by the board, the auditor shall publish a notice, once
each week for two successive weeks, that an ordinance in revision was
adopted. Twenty
Forty days after the
completed publication of the notice, unless the referendum
shall have has
been invoked, such
the ordinance
shall become
becomes effective
without publication in a newspaper. The board shall publish the
revised ordinances in book form.
Section 4. That 9-4-4.5 be AMENDED:
9-4-4.5. Annexation resolution--Petition--Requirements.
The required number of voters
residing in the combined area of the municipality and special
annexation precinct may file within
twenty
thirty-five 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 the
resolution's rejection
or approval.
Section 5. That 9-19-7 be AMENDED:
9-19-7. Reading, passage, and publication of ordinances--Incorporation by reference.
The title of
all ordinances
each ordinance shall
be read twice with at least five days intervening between the first
and second reading. The ordinance shall be signed by the mayor or
acting mayor or president of the Board of Trustees, filed with the
auditor or clerk, and published once
except that.
However, an ordinance
incorporating and adopting comprehensive regulations or a code
promulgated, approved, and published by a recognized and established
national organization prescribing building, electrical, plumbing,
safety, fire, health, or milk regulations need not be published in a
newspaper, but
upon. Upon
adoption of such an ordinance the auditor or clerk shall publish a
notice of the fact of adoption once a week for two successive weeks
in the official newspaper,
and twenty.
Thirty-five days after
the completed publication of
such the
notice, unless the referendum
shall have has
been invoked, such
the ordinance
shall become
becomes effective.
Section 6. That 9-19-13 be AMENDED:
9-19-13. Effective date of resolutions and ordinances--Exceptions.
Except
such resolutions or ordinances as may be
any resolution or ordinance
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
that provides for an
election or for hearing on an improvement or assessment or
which call
that calls for bids,
which that
take effect upon the passage and publication
thereof, every
of the resolution or ordinance, each
resolution or ordinance passed by the governing body shall take
effect on the
twentieth
thirty-fifth day after
its publication unless suspended by operation of a referendum.
Section 7. That 9-19-17 be AMENDED:
9-19-17. Publication of notice--Revised ordinance--Publication of ordinances.
Upon the adoption of an ordinance
which that
revises the ordinances of the municipality by the governing body, the
auditor or clerk shall publish a notice of the adoption of the
revised ordinances once in the official newspaper. Twenty
Thirty-five
days after the
completed publication of the notice, unless the referendum is
invoked, the ordinance
shall become
becomes effective
without publication in a newspaper.
The governing body may publish the revised ordinances in book form. The auditor or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Section 8. That 9-20-6 be AMENDED:
9-20-6. Referendum petition--Requirements.
The required number of voters
residing in any municipality may file within
twenty
thirty-five 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 the
ordinance or resolution to a vote of the voters of the municipality
for its rejection or approval. If filed on the
twentieth
thirty-fifth day after
publication, such
the petitions shall be
filed no later than normal closing hours of the city hall or city
auditor's office
on said twentieth day.
Section 9. That 9-39-4.1 be AMENDED:
9-39-4.1. Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.
A municipal corporation,
which that
operates its own electric distribution system, whether or not a
member of a municipal power agency, may by resolution of its city
council and utility board, if any, enter into a contract
or contracts with
one or more municipal power agencies for the purchase, sale,
exchange, or transmission of electric energy extending for
such a
term of years and with
such provisions
for the charges made thereunder
in the contract as
determined in the authorizing resolution or resolutions.
Every Each
resolution adopted in
accordance with this section shall be published in the official
newspaper of the first or second class municipality. No action may be
brought and no defense may be interposed in an action brought more
than twenty
thirty-five days after
publication of the resolution, placing at issue the validity of any
provision of the resolution or the power of the municipality to make
any contract or incur any obligation authorized thereby. The
provisions of 9-39-36
to 9-39-39,
inclusive, shall
do not apply to
the resolutions or contracts
any resolution or contract made pursuant to this section.
Section 10. That 11-2-21 be AMENDED:
11-2-21. Filing of board action--Publication of notice--Public inspection.
The action of the board on the
plan shall be filed with the county auditor. A notice of fact of the
adoption shall be published once in a legal newspaper of the county
and take. The
plan takes effect on
the twentieth
fortieth day after
its publication
of the plan's adoption
unless the referendum is invoked. Any notice of fact of adoption
published under the provisions of this chapter shall contain a
notification that the public may inspect the entire comprehensive
plan at the office of the county auditor during regular business
hours.
If
such a the
zoning or subdivision ordinance is adopted, the ordinance is subject
to the provisions of 7-18A-5
as a comprehensive regulation unless the referendum is invoked.
Section 11. That 11-2-30 be AMENDED:
11-2-30. Adoption or rejection by board--Publication--Referendum provisions applicable.
After the hearing, the board
shall by resolution or ordinance, as appropriate, either adopt or
reject the amendment, supplement, change, modification, or repeal,
with or without changes. Consideration of any changes to the proposed
amendment, supplement, change, modification, or repeal may only be
done if the time and place of the hearing is published at least ten
days in advance in a legal newspaper of the county. If adopted, the
board shall publish a notice of the fact of adoption once in a legal
newspaper of the county
and take. The
adoption takes effect
on the twentieth
fortieth day after
publication. The provisions of 11-2-22
are applicable to this section.
Section 12. That 11-2-47.1 be AMENDED:
11-2-47.1. Referendum on incorporation of special zoning area.
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 voters of the proposed special zoning area
may refer the decision within
twenty forty
days after its
the decision's
publication by filing a petition signed by five percent of the
registered voters in the special