Changes to Existing Law

26.237.19 26.237.20 101st Legislative Session 1323 2026 South Dakota Legislature House Bill 1323 HOUSE ENGROSSED Introduced by: Representative Aylward Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend the time required for filing a petition referring an ordinance or 1 resolution of a political subdivision. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 7-18A-15 be AMENDED: 4 7-18A-15. Any ordinance or resolution adopted by a board of county 5 commissioners may be referred to a vote of the qualified voters of the county by the filing 6 of a petition signed by five percent of the registered voters in the county, based upon the 7 total number of registered voters at the last preceding general election, except such 8 ordinances and resolutions asThe registered voters of a county may refer an ordinance or 9 resolution adopted by the board of county commissioners to the voters of the county by 10 filing a petition with the county auditor. Within forty-five auditor, within thirty days of the adoption of the ordinance 11 ordinance or resolution, the resolution. The petition must be signed by at least five percent of the 12 registered voters 12 of the county, based upon the total number of registered voters in the 13 county at the last 13 general election. 14 The registered voters of a county may not refer: 15 (1) An ordinance or resolution that may be necessary for the immediate preservation 16 of the public peace, health, or safety, or for the support of the county government 17 and its existing public institutions; or 18 (2) A decision that: 19 (a) Executes a plan already adopted by the board or by the Legislature; or 20 (b) Provides for the supervision of county programs, employees, or officials. 21 Section 2. That § 7-18A-29 be AMENDED: 22 7-18A-29. Upon the adoption of an ordinance in revision by the board, the auditor 23 shall publish a notice, once each week for two successive weeks, in the legal newspapers 24 designated pursuant to § 7-18-3, a notice that an ordinance in revision was 25 26.237.19 26.237.20 2 1323 Underscores indicate new language. Overstrikes indicate deleted language. adopted.Twenty days after the completed publication of the notice, unless the referendum 1 shall have been invoked, such ordinance shall become effective without publication in a 2 newspaper. The notice must be published once a week for two successive weeks. 3 The ordinance is effective forty-five thirty days after the second publication of the notice. 4 The board shall publish the revised ordinances in book form. 5 Section 3. That § 9-4-4.5 be AMENDED: 6 9-4-4.5. The required number of voters residing in the combined area of the 7 municipality and special annexation precinct may file within twenty days after the 8 publication of the annexation resolution a petition with the municipal finance officer, 9 requiring the submission of the annexation resolution to a vote of the voters of the 10 combined area of the municipality and special annexation precinct for its rejection or 11 approval.The registered voters living in the municipality and area designated for 12 annexation by the municipality may refer a resolution adopted by the governing body of 13 the municipality to annex land for the purpose of expanding the municipality's boundaries 14 by filing a petition with the municipal finance officer. The petition must be signed by at 15 least five percent of the registered voters residing in the combined area of the municipality 16 and area designated for annexation, based on the number of the registered voters of the 17 area, as determined by the county auditor pursuant to § 9-20-8, within forty-five thirty days of the 18 the adoption of the ordinance or resolution. 19 Section 4. That § 9-19-13 be AMENDED: 20 9-19-13. Except such resolutions or ordinances as may be necessary for the 21 immediate preservation of the public peace, health, or safety, or support of the municipal 22 government and its existing public institutions, or which provide for an election or for 23 hearing on an improvement or assessment or which call for bids, which take effect upon 24 the passage and publication thereof, every resolution or ordinance passed by the 25 governing body shall take effect on the twentieth day after its publication unless 26 suspended by operation of a referendum.Except as otherwise provided in this section, an 27 ordinance or resolution passed by the governing body of a municipality takes effect on the 28 forty-fifth thirtieth day after the publication of the ordinance or resolution in the municipality's legal 29 newspaper, as designated pursuant to § 9-12-6. 30 An ordinance or resolution takes effect upon the passage and publication of the 31 ordinance or resolution if the ordinance or resolution: 32 (1) May be necessary for: 33 26.237.19 26.237.20 3 1323 Underscores indicate new language. Overstrikes indicate deleted language. (a) The immediate preservation of the public peace, health, or safety; or 1 (b) The support of the municipal government and its existing public institutions; 2 (2) Provides for an election; 3 (3) Provides for a hearing on an improvement or assessment; or 4 (4) Calls for a bid. 5 An ordinance or resolution that has been referred to a vote of the people does not 6 take effect until the completion of the referendum process. 7 Section 5. That § 9-20-6 be AMENDED: 8 9-20-6. The required number of voters residing in any municipality may file within 9 twenty days after the publication of any ordinance or resolution subject to referendum a 10 petition with the auditor or clerk, requiring the submission of any such ordinance or 11 resolution to a vote of the voters of the municipality for its rejection or approval. If filed 12 on the twentieth day after publication, such petitions shall be filed no later than normal 13 closing hours of the city hall or city auditor's office on said twentieth day. The registered 14 voters of a municipality may refer an ordinance or resolution adopted by the governing 15 body of the municipality to the voters of the municipality by filing a petition with the 16 municipal finance officer. The petition must be signed by at least five percent of the 17 registered voters of the municipality, based on the number of the registered voters of the 18 municipality, as recorded by the county auditor pursuant to § 9-2-2, within forty-five thirty days of 19 of the adoption of the ordinance or resolution. The petition must be filed with the finance 20 officer before the normal finance office closing time on the forty-fifth thirtieth day. 21 Section 6. That § 9-20-8 be AMENDED: 22 9-20-8. The referendum petition shall be signed by at least five percent of the 23 registered voters in the municipality. The percentage shall be based on the number of 24 registered voters of the municipality as recorded by the county auditor on the second 25 Tuesday in January in the year the petition is filed. If the petition is filed before the second 26 Tuesday in January, the prior year's calculation of registered voters shall be used. The 27 signer or circulator shall add the signer's residence address, county of voter registration, 28 and date of signing. The signer's post office box number may be given in lieu of a street 29 address if the signer lives within a municipality of the second or third class.An individual 30 signing the petition to refer an ordinance or resolution or the petition circulator shall add 31 the individual's residence address, county of voter registration, and the date of signing. If 32 26.237.19 26.237.20 4 1323 Underscores indicate new language. Overstrikes indicate deleted language. the individual lives within a second-class or third-class municipality, the individual may 1 provide the individual's post office box number in lieu of a street address. 2 Section 7. That § 10-12-43 be AMENDED: 3 10-12-43. The governing body of the school district may raise additional revenues 4 for general fund purposes only, from property tax through the imposition of an excess tax 5 levy. The governing body of a school district may impose the excess tax levy with an 6 affirmative two-thirds vote of the governing body on or before July fifteenth of the year 7 prior to the year the taxes are payable. On any excess tax levy approved after July 1, 8 2002, the governing body of the taxing district shall specify in the resolution the year or 9 number of years the excess tax levy will be applied. 10 The requirements for an announcement made pursuant to this section are as 11 follows: 12 (1) The decision of the governing body to originally impose or subsequently 13 increase an excess tax levy shall be first published within ten days of the decision; 14 (2) Publication shall be made at least twice in the legal newspaper designated pursuant 15 to § 13-8-10, with no fewer than five days between publication dates, before the 16 opt out takes effect; 17 (3) The announcement shall be at least three newspaper columns in width and four 18 inches in length or at least one-sixth of a page in size, whichever size is greater; 19 (4) The announcement shall be headed with the following statement in a typeface no 20 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 21 TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall 22 consist of a reproduction of the "Resolution for Opt Out," including the amount that 23 property taxes will be increased annually by the proposed opt out and a statement 24 of the right to refer the decision of the board to a vote of the people as provided 25 in this section. The secretary of revenue, in rules promulgated pursuant to chapter 26 1-26, shall prescribe a uniform form to be used by the school district for notification 27 of taxpayers as required by this section.However, the requirements of subdivisions 28 (3) and (4) shall be waived if: 29 (A) The opt out is for less than fifteen thousand dollars; or 30 (B) A copy of the resolution for opt out is mailed to every property taxpayer in the local 31 governmental unit, by first class mail or bulk mail, within twenty days of the 32 decision to opt out; and 33 26.237.19 26.237.20 5 1323 Underscores indicate new language. Overstrikes indicate deleted language. (C) A copy of the resolution for opt out is printed in each official newspaper in the local 1 governmental unit's boundaries. 2 For the purposes of subsections (A), (B), and (C), the first publication is not 3 deemed to have occurred until three days after the mailing is sent or the resolution is 4 delivered to the official newspaper. 5 The opt out decision may be referred to a vote of the people upon a resolution of 6 the governing body of the school district or by a petition signed by at least five percent of 7 the registered voters in the school district and filed with the governing body within twenty 8 days of the first publication of the decision. The referendum election shall be held on or 9 before October first of the year prior to the time the taxes are payable. 10 The board of a school district may, by resolution, impose an excess tax levy to 11 raise additional revenues from property tax for general fund purposes only. The board 12 may impose the excess tax levy with an affirmative vote of at least two-thirds of the 13 members on or before July fifteenth of the year prior to the year the taxes are payable. 14 The board shall specify in the resolution the year or number of years the excess tax is to 15 be applied. 16 The decision of the board to impose or increase an excess tax levy must first be 17 published in the district's legal newspaper, as designated pursuant to § 13-8-10, within 18 ten days of the board's decision. The board must publish at least two additional 19 notifications in the district's legal newspaper, the last of which must be published not more 20 than seven days before the excess levy takes effect, provided that there are at least five 21 days between the publication of the two notices. Each notice must: 22 (1) Contain the following headline in a typeface no less than eighteen-point type: 23 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 24 amount)"; 25 (2) Consist of a reproduction of the "Resolution for Opt Out," including the amount by 26 which property taxes are to be increased annually by the proposed opt out; and 27 (3) Include a statement of the right to refer the decision of the board to a vote of the 28 people, as provided in this section. 29 The board is not required to meet the formatting and content requirements 30 required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand 31 dollars or if the board has, within twenty days of the decision to impose the excess tax 32 levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy 33 of the resolution authorizing the excess tax levy and if a copy of the resolution is published 34 in each newspaper within the school district, as established in § 17-2-2.1. The additional 35 26.237.19 26.237.20 6 1323 Underscores indicate new language. Overstrikes indicate deleted language. notices must be published at least three days after the mailing is sent or the resolution is 1 delivered to the official newspaper, whichever is later. 2 The registered voters of a school district may refer a resolution adopted by the 3 board of a school district to impose an excess tax levy by filing a petition with the business 4 manager of the school district. The petition must be signed by at least five percent of the 5 registered voters of the school district, based on the total number of registered voters of 6 the school district, within forty-five thirty days of the adoption of the resolution. The referendum 7 election must be held on or before October first of the year prior to the time the taxes are 8 payable. The business manager shall give notice that the question is to be on the ballot 9 at the next scheduled election or at a special election called for that purpose, as provided 10 by chapter 13-7, and prepare official ballots according to the provisions of this chapter. 11 The secretary of the Department of Revenue shall promulgate rules, pursuant to 12 chapter 1-26, prescribing the form to be used by the school district for notification of 13 taxpayers, as required by this section. 14 Section 8. That § 10-13-35.13 be AMENDED: 15 10-13-35.13. The governing body of a taxing district may, by resolution, impose 16 the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing 17 body on or before July fifteenth. 18 The decision of the governing body to impose the levy shall be published within 19 ten days of the decision as follows: 20 (1) Publication shall be made at least twice in the legal newspaper designated by the 21 governing body pursuant to law, with no fewer than five days between publication 22 dates, before the tax imposition takes effect; 23 (2) The announcement shall be at least three newspaper columns in width and four 24 inches in length or at least one-sixth of a page in size, whichever size is greater; 25 (3) The announcement shall be headed with the following statement in a typeface no 26 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 27 TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall 28 consist of a reproduction of the resolution including the amount that property taxes 29 will be imposed and a statement of the right to refer the decision of the board to a 30 vote of the people as provided in this section. The secretary of revenue, in rules 31 promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used 32 by the taxing district for notification of taxpayers as required by this 33 section.However, the requirements of subdivisions (2) and (3) are waived if: 34 26.237.19 26.237.20 7 1323 Underscores indicate new language. Overstrikes indicate deleted language. (a) The property tax imposed is for less than fifteen thousand dollars; or 1 (b) A copy of the resolution is mailed to every property taxpayer in the taxing 2 district, by first class mail or bulk mail, within twenty days of the decision; 3 and 4 (c) A copy of the resolution is printed in each legal newspaper in the taxing 5 district's boundaries. 6 For the purposes of subsections (a), (b), and (c), the first publication is not deemed 7 to have occurred until three days after the mailing is sent or the resolution is delivered to 8 the legal newspaper. 9 The governing body's decision may be referred to a vote of the people upon a 10 resolution of the governing body of the taxing district or by a petition signed by at least 11 five percent of the registered voters in the taxing district and filed with the respective 12 governing body within twenty days of the first publication of the decision. The referendum 13 election shall be held on or before October first preceding the year the taxes are 14 payable.The governing body of a taxing district may, by resolution, impose the levy 15 provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of 16 at least two-thirds of the total membership of the body, on or before July fifteenth of the 17 year prior to the year in which the taxes are payable. 18 The decision of the governing body to impose the levy must be published in the 19 legal newspaper designated by the governing body, within ten days of the body's decision. 20 The body must publish at least two additional notifications in the district's legal newspaper, 21 the last of which must be published not more than seven days before the tax levy takes 22 effect, provided that there are at least five days between the publication of the two notices. 23 Each notice must: 24 (1) Be at least three newspaper columns in width and four inches in length or at least 25 one-sixth of a page in size, whichever size is greater; 26 (2) Contain the following headline in a typeface no less than eighteen-point type: 27 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in 28 amount)"; 29 (3) Consist of a reproduction of the resolution including the amount that property taxes 30 are to be imposed; and 31 (4) Include a statement of the right to refer the decision of the board to a vote of the 32 people as provided in this section. 33 The governing body is not required to meet the formatting and content 34 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 35 26.237.19 26.237.20 8 1323 Underscores indicate new language. Overstrikes indicate deleted language. fifteen thousand dollars or if the body has, within twenty days of the decision to impose 1 the excess tax levy, mailed to every property taxpayer in the municipality, by first class 2 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 3 resolution is published in each newspaper within the municipality, as established in § 17-4 2-2.1. The additional notices must be published at least three days after the mailing is 5 sent or the resolution is delivered to the official newspaper, whichever is later. 6 The registered voters of a school district may refer a resolution adopted by the 7 governing body of a taxing district to impose a tax levy by filing a petition with the finance 8 officer of the taxing district. The petition must be signed by at least five percent of the 9 registered voters of the taxing district, based on the total number of registered voters of 10 the taxing district, within forty-five thirty days of the adoption of the resolution. The referendum 11 election must be held on or before October first of the year prior to the time the taxes are 12 payable. The business manager shall give notice that the question is to be on the ballot 13 at the next scheduled election or at a special election called for that purpose, as provided 14 by chapter 9-13, and prepare official ballots according to the provisions of this chapter. 15 The secretary of the Department of Revenue, in rules promulgated pursuant to 16 chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the 17 notification of taxpayers as required by this section. 18 Section 9. That § 10-13-36 be AMENDED: 19 10-13-36. The governing body of a taxing district may exceed the limit pursuant 20 to § 10-13-35 through the imposition of an excess tax levy. The governing body of a 21 taxing district may impose an excess tax levy with an affirmative two-thirds vote of the 22 governing body on or before July fifteenth of the year prior to the year the taxes are 23 payable. On any excess tax levy approved after July 1, 2002, the governing body of the 24 taxing district shall specify in the resolution the year or number of years the excess tax 25 levy will be applied.The requirements for an announcement made pursuant to this section 26 are as follows: 27 (1) The decision of the governing body to originally impose or subsequently increase 28 an excess tax levy shall be published within ten days of the decision; 29 (2) Publication shall be made at least twice in the legal newspaper designated by the 30 governing body pursuant to law, with no fewer than five days between publication 31 dates, before the opt out takes effect; 32 (3) The announcement shall be at least three newspaper columns in width and four 33 inches in length or at least one-sixth of a page in size, whichever size is greater; 34 26.237.19 26.237.20 9 1323 Underscores indicate new language. Overstrikes indicate deleted language. (4) The announcement shall be headed with the following statement in a 1 typeface no less than eighteen point type: "ATTENTION TAXPAYERS: 2 NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder 3 of the announcement shall consist of a reproduction of the "Resolution for 4 Opt Out," including the amount that property taxes will be increased 5 annually by the proposed opt out and a statement of the right to refer the 6 decision of the board to a vote of the people as provided in this section. The 7 secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall 8 prescribe a uniform form to be used by the taxing district for notification of 9 taxpayers as required by this section. 10 However, the requirements of subdivisions (3) and (4) shall be waived if: 11 (A) The opt out is for less than fifteen thousand dollars; or 12 (B) A copy of the resolution for opt out is mailed to every property taxpayer in 13 the local governmental unit, by first class mail or bulk mail, within twenty 14 days of the decision to opt out; and 15 (C) A copy of the resolution for opt out is printed in each official newspaper in 16 the local governmental unit's boundaries. 17 For the purposes of subsections (A), (B), and (C), the first publication is not 18 deemed to have occurred until three days after the mailing is sent or the resolution is 19 delivered to the official newspaper. 20 The opt out decision may be referred to a vote of the people upon a resolution of 21 the governing body of the taxing district or by a petition signed by at least five percent of 22 the registered voters in the taxing district and filed with the respective governing body 23 within twenty days of the first publication of the decision. The referendum election shall 24 be held on or before October first preceding the year the taxes are payable. The governing 25 body of a taxing district may impose an excess tax levy to exceed the limit pursuant to 26 § 10-13-35. The governing body of a taxing district may impose an excess tax levy, with 27 an affirmative vote of at least two-thirds of the total membership of the governing body, 28 on or before July fifteenth of the year prior to the year the taxes are payable. The 29 governing body of the taxing district shall specify in the resolution the year or number of 30 years the excess tax levy is to be applied. 31 The decision of the governing body to impose the excess tax levy must be published 32 in the legal newspaper designated by the governing body, within ten days of the body's 33 decision. The body must publish at least two additional notices in the district's legal 34 newspaper, the last of which must be published not more than seven days before the tax 35 26.237.19 26.237.20 10 1323 Underscores indicate new language. Overstrikes indicate deleted language. levy takes effect, provided that there are at least five days between the publication of the 1 two notices. Each notice must: 2 (1) Be at least three newspaper columns in width and four inches in length or at least 3 one-sixth of a page in size, whichever size is greater; 4 (2) Contain the following headline in a typeface no less than eighteen-point type: 5 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 6 amount)"; 7 (3) Consist of a reproduction of the "Resolution for Opt Out," including the amount that 8 property taxes is to be increased annually by the proposed opt out; and 9 (4) Include a statement of the right to refer the decision of the board to a vote of the 10 people as provided in this section. 11 The governing body is not required to meet the formatting and content 12 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 13 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 14 the excess tax levy, mailed to every property taxpayer in the taxing district, by first class 15 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 16 resolution is published in each newspaper within the taxing district, as established in § 17-17 2-2.1. The additional notices must be published at least three days after the mailing is 18 sent or the resolution is delivered to the official newspaper, whichever is later. 19 The voters of the taxing district may refer a resolution adopted by the governing 20 body of the taxing district to impose an excess tax levy by filing, with the officer in charge 21 of elections for the taxing district, a petition signed by at least five percent of the 22 registered voters of the taxing district, based upon the total number of registered voters 23 in the taxing district, within forty-five thirty days of the adoption of the resolution. The referendum 24 referendum election must be held on or before October first of the year prior to the time 25 the taxes are 25 payable. The officer in charge of the election shall give notice that the 26 question is to be 26 on the ballot at the next scheduled election or at a special election called 27 for that purpose 27 and prepare official ballots as provided by law. 28 If the opt out is for the purpose of increasing the secondary road levy pursuant to 29 § 31-12-27, only the registered voters within the area of the county not included in any 30 municipality, organized civil township, improvement district organized pursuant to chapter 31 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote 32 on the referred decision. The taxing districts may not exceed the levy limits provided in 33 chapter 10-12 except for the provisions in § 10-12-36. 34 26.237.19 26.237.20 11 1323 Underscores indicate new language. Overstrikes indicate deleted language. The secretary of the Department of Revenue shall promulgate rules, pursuant to 1 chapter 1-26, prescribing the form to be used by the taxing district for notification of 2 taxpayers as required by this section. 3 Section 10. That § 11-2-47.1 be AMENDED: 4 11-2-47.1. The board's decision to incorporate the special zoning area may be 5 referred to a vote of the qualified voters of the proposed special zoning area pursuant to 6 §§ 7-18A-17 to 7-18A-24, inclusive. 7 The qualified voters of the proposed special zoning area may refer the decision 8 within twenty forty-five thirty days after its the publication of the decision, by filing a petition signed 9 signed by five percent of the registered voters in the special zoning area, based upon the total 10 total number of registered voters at the last preceding general election. The filing of a valid 11 valid petition requires the submission of the decision to incorporate the special zoning 12 area to 12 a vote of the qualified voters of the proposed special zoning area for its rejection or 13 or approval. The 14 Upon the filing of a referendum petition, the effective date of the incorporation of 15 the special zoning area on which a referendum is to be held shall be is suspended by the 16 filing of a referendum petition until the referendum process is completed. 17 Section 11. That § 13-7-32 be AMENDED: 18 13-7-32. A school board resolution to increase school board terms to four years 19 or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a 20 referendum if five percent of the registered voters of the school district, based upon the 21 total number of registered voters in the school district at the last preceding general 22 election, petition, within twenty days after the resolution is enacted, to have the question 23 of approval or disapproval of the resolution to increase or decrease term limits placed 24 upon the ballot at the next scheduled election or at a special election called for that 25 purpose. The registered voters of a school district may refer a resolution adopted by the 26 board of a school district to increase or decrease the term of the members of a school 27 board, pursuant to § 13-8-2, by filing with the business manager of the school district, a 28 petition signed by at least five percent of the registered voters of the school district, based 29 upon the total number of registered voters in the school district at the last preceding 30 general election, within forty-five thirty days of the adoption of the resolution. 31 Within ten days of the presentation of a petition, the board of the school district 32 shall order and fix the date for holding a special election on a Tuesday between thirty and 33 26.237.19 26.237.20 12 1323 Underscores indicate new language. Overstrikes indicate deleted language. fifty days from the date of the order. If a petition is filed within the ninety days prior to a 1 regular school district election and with sufficient time to comply with the requirements of 2 this chapter, the question must be submitted at that election. 3 The business manager shall give notice that the question will is to be on the ballot 4 at the next scheduled election or at a special election called for that purpose as provided 5 by law for school elections and prepare official ballots according to the provisions of this 6 title chapter. 7 Section 12. That § 13-16-6.4 be AMENDED: 8 13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates 9 pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, 10 based upon the total number of registered voters at the last preceding general election, 11 petition, within twenty forty-five thirty days thereafter, to have the question of approval to enter 12 into the agreement or issue capital outlay certificates placed upon the ballot at a special 13 election called for that purpose and held on: 14 (1) The first Tuesday after the first Monday in March; 15 (2) The first Tuesday after the first Monday in June; or 16 (3) The first Tuesday after the first Monday in November. 17 If the bond election is held on a date listed in subdivision (2) or (3) in an even-18 numbered year, the election must be held in conjunction with the regular primary or 19 general election, respectively. When the election is held in conjunction with the primary 20 or general election, the expenses and governmental responsibilities of a combined election 21 must be shared in a manner agreed upon by the board of the school district and the boards 22 of county commissioners involved. 23 The business manager shall give notice that the question is to be on the ballot at 24 the regular or special election as provided by law for school elections and prepare official 25 ballots therefor according to the provisions of this title. Approval of the question to enter 26 into an agreement or issue capital outlay certificates requires an affirmative vote of at 27 least sixty percent of those voting on the question. 28 If the question submitted to the voters at an election is not approved by the voters, 29 the school board may, by resolution, place the question on the ballot at the next available 30 election provided by this section. 31 Section 13. That § 13-26-9 be AMENDED: 32 26.237.19 26.237.20 13 1323 Underscores indicate new language. Overstrikes indicate deleted language. 13-26-9. A decision by a school board to schedule the opening day of classes 1 before the first Tuesday following the first Monday in September may be referred to a vote 2 of the qualified voters of the school district by the filing of a petition signed by five percent 3 of the registered voters in the school district, based upon the total number of registered 4 voters voting at the last preceding general election, for districts with more than five 5 thousand registered voters. Petitions in districts with less than five thousand registered 6 voters must be signed by five percent of the total number of registered voters at the last 7 preceding general election. The board in scheduling the opening day of classes shall allow 8 sufficient time for the referendum process authorized in this section.The registered voters 9 of a school district may refer a resolution adopted by the board of a school district to 10 schedule the first day of classes before the first Tuesday following the first Monday in 11 September by filing with the business manager of the school district, a petition signed by 12 at least five percent of the registered voters of the school district, based upon the total 13 number of registered voters in the school district at the last preceding general election, 14 within forty-five thirty days of the adoption of the resolution. 15 Section 14. That § 13-64-7 be AMENDED: 16 13-64-7. A decision by a school board to implement a school sentinel program 17 pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school 18 district by the filing of a petition signed by five percent of the registered voters in the 19 school district, based upon the total number of registered voters at the last preceding 20 general election.The registered voters of a school district may refer a resolution adopted 21 by the board of a school district to implement a school sentinel program, pursuant to § 13-22 64-1, by filing with the business manager of the school district, a petition signed by at 23 least five percent of the registered voters of the school district, based upon the total 24 number of registered voters in the school district at the last preceding general election, 25 within forty-five thirty days of the adoption of the resolution. 26 The board shall allow sufficient time for the referendum process authorized in this 27 section. 28 Section 15. That § 7-18A-15.1 be REPEALED. 29 Any legislative decision of a board of county commissioners is subject to the 30 referendum process. A legislative decision is one that enacts a permanent law or lays 31 down a rule of conduct or course of policy for the guidance of citizens or their officers. Any 32 matter of a permanent or general character is a legislative decision. 33 26.237.19 26.237.20 14 1323 Underscores indicate new language. Overstrikes indicate deleted language. No administrative decision of a governing body is subject to the referendum 1 process, unless specifically authorized by this code. An administrative decision is one that 2 merely puts into execution a plan already adopted by the governing body itself or by the 3 Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, 4 and setting the salaries of employees are administrative decisions. 5 Section 16. That § 7-18A-16 be REPEALED. 6 A petition to refer an ordinance or resolution subject to referendum may be filed 7 with the auditor within twenty days after publication of the ordinance or resolution in the 8 last to publish official county newspaper. The filing of the petition requires the submission 9 of the ordinance or resolution to a vote of the qualified voters of the county for rejection 10 or approval of the ordinance or resolution. 11 Section 17. That § 13-26-10 be REPEALED. 12 A petition to refer a school board decision may be filed with the business manager 13 of the school district within twenty days after its publication. The filing of the petition shall 14 require the submission of the decision to a vote of the qualified voters of the school district 15 for its rejection or approval. 16 Section 18. That § 13-64-8 be REPEALED. 17 A petition to refer a school board decision pursuant to § 13-64-7 may be filed with 18 the business manager of the school district within twenty days after its publication. The 19 filing of the petition shall require the submission of the decision to a vote of the qualified 20 voters of the school district for its rejection or approval. 21

26.237.20 26.237.21 101st Legislative Session 1323 2026 South Dakota Legislature House Bill 1323 HOUSE SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Aylward Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend the time required for filing a petition referring an ordinance or 1 resolution of a political subdivision. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 7-18A-8 be AMENDED: 4 7-18A-8. Except such resolutions or ordinances as may be necessary for the 5 immediate preservation of the public peace, health, or safety, or support of the county 6 government and its existing public institutions; which provide for an election or hearing 7 on an improvement or assessment; or which call for bids which take effect upon the 8 passage and publication thereof, every resolution or ordinance passed by a board shall 9 take effect on the twentieth day after its completed publication unless suspended by 10 operation of a referendum. 11 Except as otherwise provided in this section, an ordinance or resolution passed by 12 a board of county commissioners takes effect on the thirtieth day after the final publication 13 of the ordinance or resolution in the county's official newspapers, as designated pursuant 14 to § 7-18-3. 15 An ordinance or resolution takes effect upon the passage and publication of the 16 ordinance or resolution if the ordinance or resolution: 17 (1) May be necessary for: 18 (a) The immediate preservation of the public peace, health, or safety; or 19 (b) The support of the county government and its existing public institutions; 20 (2) Provides for an election; 21 (3) Provides for a hearing on an improvement or assessment; or 22 (4) Calls for a bid. 23 An ordinance or resolution that has been referred to a vote of the people does not 24 take effect until the completion of the referendum process. 25 Section 2. That § 7-18A-15 be AMENDED: 4 26 26.237.21 2 1323 Underscores indicate new language. Overstrikes indicate deleted language. 7-18A-15. Any ordinance or resolution adopted by a board of county 5 1 commissioners may be referred to a vote of the qualified voters of the county by the filing 6 2 of a petition signed by five percent of the registered voters in the county, based upon the 7 3 total number of registered voters at the last preceding general election, except such 8 4 ordinances and resolutions asThe registered voters of a county may refer an ordinance or 9 5 resolution adopted by the board of county commissioners to the voters of the county by 10 6 filing a petition with the county auditor, within thirty days of the adoption of the ordinance 11 7 or resolution. The petition must be signed by at least five percent of the registered voters 12 8 of the county, based upon the total number of registered voters in the county at the last 13 9 general election. 14 10 The registered voters of a county may not refer: 15 11 (1) An ordinance or resolution that may be necessary for the immediate preservation 16 12 of the public peace, health, or safety, or for the support of the county government 17 13 and its existing public institutions; or 18 14 (2) A decision that: 19 15 (a) Executes a plan already adopted by the board or by the Legislature; or 20 16 (b) Provides for the supervision of county programs, employees, or officials. 21 17 Section 2. 3. That § 7-18A-29 be AMENDED: 22 18 7-18A-29. Upon the adoption of an ordinance in revision by the board, the auditor 23 19 shall publish a notice, once each week for two successive weeks, in the legal newspapers 24 20 designated pursuant to § 7-18-3, a notice that an ordinance in revision was 25 26.237.20 2 1323 Underscores indicate new language. Overstrikes indicate deleted language. 21 adopted.Twenty days after the completed publication of the notice, unless the referendum 1 22 shall have been invoked, such ordinance shall become effective without publication in a 2 23 newspaper. The notice must be published once a week for two successive weeks. 3 24 The ordinance is effective thirty days after the second publication of the notice. 4 25 The board shall publish the revised ordinances in book form. 5 26 Section 3. 4. That § 9-4-4.5 be AMENDED: 6 27 9-4-4.5. The required number of voters residing in the combined area of the 7 28 municipality and special annexation precinct may file within twenty days after the 8 29 publication of the annexation resolution a petition with the municipal finance officer, 9 30 requiring the submission of the annexation resolution to a vote of the voters of the 10 31 combined area of the municipality and special annexation precinct for its rejection or 11 32 approval.The registered voters living in the municipality and area designated for 12 33 26.237.21 3 1323 Underscores indicate new language. Overstrikes indicate deleted language. annexation by the municipality may refer a resolution adopted by the governing body of 13 1 the municipality to annex land for the purpose of expanding the municipality's boundaries 14 2 by filing a petition with the municipal finance officer. The petition must be signed by at 15 3 least five percent of the registered voters residing in the combined area of the municipality 16 4 and area designated for annexation, based on the number of the registered voters of the 17 5 area, as determined by the county auditor pursuant to § 9-20-8, within thirty days of the 18 6 adoption of the ordinance or resolution. 19 7 Section 4. 5. That § 9-19-13 be AMENDED: 20 8 9-19-13. Except such resolutions or ordinances as may be necessary for the 21 9 immediate preservation of the public peace, health, or safety, or support of the municipal 22 10 government and its existing public institutions, or which provide for an election or for 23 11 hearing on an improvement or assessment or which call for bids, which take effect upon 24 12 the passage and publication thereof, every resolution or ordinance passed by the 25 13 governing body shall take effect on the twentieth day after its publication unless 26 14 suspended by operation of a referendum.Except as otherwise provided in this section, an 27 15 ordinance or resolution passed by the governing body of a municipality takes effect on the 28 16 thirtieth day after the publication of the ordinance or resolution in the municipality's legal 29 17 newspaper, as designated pursuant to § 9-12-6. 30 18 An ordinance or resolution takes effect upon the passage and publication of the 31 19 ordinance or resolution if the ordinance or resolution: 32 20 (1) May be necessary for: 33 26.237.20 3 1323 Underscores indicate new language. Overstrikes indicate deleted language. 21 (a) The immediate preservation of the public peace, health, or safety; or 1 22 (b) The support of the municipal government and its existing public institutions; 2 23 (2) Provides for an election; 3 24 (3) Provides for a hearing on an improvement or assessment; or 4 25 (4) Calls for a bid. 5 26 An ordinance or resolution that has been referred to a vote of the people does not 6 27 take effect until the completion of the referendum process. 7 28 Section 5. 6. That § 9-20-6 be AMENDED: 8 29 9-20-6. The required number of voters residing in any municipality may file within 9 30 twenty days after the publication of any ordinance or resolution subject to referendum a 10 31 petition with the auditor or clerk, requiring the submission of any such ordinance or 11 32 resolution to a vote of the voters of the municipality for its rejection or approval. If filed 12 33 26.237.21 4 1323 Underscores indicate new language. Overstrikes indicate deleted language. on the twentieth day after publication, such petitions shall be filed no later than normal 13 1 closing hours of the city hall or city auditor's office on said twentieth day. The registered 14 2 voters of a municipality may refer an ordinance or resolution adopted by the governing 15 3 body of the municipality to the voters of the municipality by filing a petition with the 16 4 municipal finance officer. The petition must be signed by at least five percent of the 17 5 registered voters of the municipality, based on the number of the registered voters of the 18 6 municipality, as recorded by the county auditor pursuant to § 9-2-2, within thirty days of 19 7 the adoption of the ordinance or resolution. The petition must be filed with the finance 20 8 officer before the normal finance office closing time on the thirtieth day. 21 9 Section 6. 7. That § 9-20-8 be AMENDED: 22 10 9-20-8. The referendum petition shall be signed by at least five percent of the 23 11 registered voters in the municipality. The percentage shall be based on the number of 24 12 registered voters of the municipality as recorded by the county auditor on the second 25 13 Tuesday in January in the year the petition is filed. If the petition is filed before the second 26 14 Tuesday in January, the prior year's calculation of registered voters shall be used. The 27 15 signer or circulator shall add the signer's residence address, county of voter registration, 28 16 and date of signing. The signer's post office box number may be given in lieu of a street 29 17 address if the signer lives within a municipality of the second or third class.An individual 30 18 signing the petition to refer an ordinance or resolution or the petition circulator shall add 31 19 the individual's residence address, county of voter registration, and the date of signing. If 32 26.237.20 4 1323 Underscores indicate new language. Overstrikes indicate deleted language. 20 the individual lives within a second-class or third-class municipality, the individual may 1 21 provide the individual's post office box number in lieu of a street address. 2 22 Section 7. 8. That § 10-12-43 be AMENDED: 3 23 10-12-43. The governing body of the school district may raise additional revenues 4 24 for general fund purposes only, from property tax through the imposition of an excess tax 5 25 levy. The governing body of a school district may impose the excess tax levy with an 6 26 affirmative two-thirds vote of the governing body on or before July fifteenth of the year 7 27 prior to the year the taxes are payable. On any excess tax levy approved after July 1, 8 28 2002, the governing body of the taxing district shall specify in the resolution the year or 9 29 number of years the excess tax levy will be applied. 10 30 The requirements for an announcement made pursuant to this section are as 31 follows: 32 26.237.21 5 1323 Underscores indicate new language. Overstrikes indicate deleted language. (1) The decision of the governing body to originally impose or subsequently 1 increase an excess tax levy shall be first published within ten days of the decision; 2 (2) Publication shall be made at least twice in the legal newspaper designated pursuant 3 to § 13-8-10, with no fewer than five days between publication dates, before the 4 opt out takes effect; 5 (3) The announcement shall be at least three newspaper columns in width and four 6 inches in length or at least one-sixth of a page in size, whichever size is greater; 7 (4) The announcement shall be headed with the following statement in a typeface no 8 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 9 TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall 10 consist of a reproduction of the "Resolution for Opt Out," including the amount that 11 property taxes will be increased annually by the proposed opt out and a statement 12 of the right to refer the decision of the board to a vote of the people as provided 13 in this section. The secretary of revenue, in rules promulgated pursuant to chapter 14 1-26, shall prescribe a uniform form to be used by the school district for notification 15 of taxpayers as required by this section.However, the requirements of subdivisions 16 (3) and (4) shall be waived if: 17 (A) The opt out is for less than fifteen thousand dollars; or 18 (B) A copy of the resolution for opt out is mailed to every property taxpayer in the local 19 governmental unit, by first class mail or bulk mail, within twenty days of the 20 decision to opt out; and 21 (C) A copy of the resolution for opt out is printed in each official newspaper in the local 22 governmental unit's boundaries. 23 For the purposes of subsections (A), (B), and (C), the first publication is not 24 deemed to have occurred until three days after the mailing is sent or the resolution is 25 delivered to the official newspaper. 26 The opt out decision may be referred to a vote of the people upon a resolution of 27 the governing body of the school district or by a petition signed by at least five percent of 28 the registered voters in the school district and filed with the governing body within twenty 29 days of the first publication of the decision. The referendum election shall be held on or 30 before October first of the year prior to the time the taxes are payable. 31 The board of a school district may, by resolution, impose an excess tax levy to 32 raise additional revenues from property tax for general fund purposes only. The board 33 may impose the excess tax levy with an affirmative vote of at least two-thirds of the 34 members on or before July fifteenth of the year prior to the year the taxes are payable. 35 26.237.21 6 1323 Underscores indicate new language. Overstrikes indicate deleted language. The board shall specify in the resolution the year or number of years the excess tax is to 1 be applied. 2 The decision of the board to impose or increase an excess tax levy must first be 3 published in the district's legal newspaper, as designated pursuant to § 13-8-10, within 4 ten days of the board's decision. The board must publish at least two additional 5 notifications in the district's legal newspaper, the last of which must be published not more 6 than seven days before the excess levy takes effect, provided that there are at least five 7 days between the publication of the two notices. Each notice must: 8 (1) Contain the following headline in a typeface no less than eighteen-point type: 9 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 10 amount)"; 11 (2) Consist of a reproduction of the "Resolution for Opt Out," including the amount by 12 which property taxes are to be increased annually by the proposed opt out; and 13 (3) Include a statement of the right to refer the decision of the board to a vote of the 14 people, as provided in this section. 15 The board is not required to meet the formatting and content requirements 16 required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand 17 dollars or if the board has, within twenty days of the decision to impose the excess tax 18 levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy 19 of the resolution authorizing the excess tax levy and if a copy of the resolution is published 20 in each newspaper within the school district, as established in § 17-2-2.1. The additional 21 notices must be published at least three days after the mailing is sent or the resolution is 22 delivered to the official newspaper, whichever is later. 23 The registered voters of a school district may refer a resolution adopted by the 24 board of a school district to impose an excess tax levy by filing a petition with the business 25 manager of the school district. The petition must be signed by at least five percent of the 26 registered voters of the school district, based on the total number of registered voters of 27 the school district, within thirty days of the adoption of the resolution. The referendum 28 election must be held on or before October first of the year prior to the time the taxes are 29 payable. The business manager shall give notice that the question is to be on the ballot 30 at the next scheduled election or at a special election called for that purpose, as provided 31 by chapter 13-7, and prepare official ballots according to the provisions of this chapter. 32 The secretary of the Department of Revenue shall promulgate rules, pursuant to 33 chapter 1-26, prescribing the form to be used by the school district for notification of 34 taxpayers, as required by this section. 35 26.237.21 7 1323 Underscores indicate new language. Overstrikes indicate deleted language. Section 9. That § 10-13-35.13 be AMENDED: 1 10-13-35.13. The governing body of a taxing district may, by resolution, impose 2 the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing 3 body on or before July fifteenth. 4 The decision of the governing body to impose the levy shall be published within 5 ten days of the decision as follows: 6 (1) Publication shall be made at least twice in the legal newspaper designated by the 7 governing body pursuant to law, with no fewer than five days between publication 8 dates, before the tax imposition takes effect; 9 (2) The announcement shall be at least three newspaper columns in width and four 10 inches in length or at least one-sixth of a page in size, whichever size is greater; 11 (3) The announcement shall be headed with the following statement in a typeface no 12 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 13 TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall 14 consist of a reproduction of the resolution including the amount that property taxes 15 will be imposed and a statement of the right to refer the decision of the board to a 16 vote of the people as provided in this section. The secretary of revenue, in rules 17 promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used 18 by the taxing district for notification of taxpayers as required by this 19 section.However, the requirements of subdivisions (2) and (3) are waived if: 20 (a) The property tax imposed is for less than fifteen thousand dollars; or 21 (b) A copy of the resolution is mailed to every property taxpayer in the taxing 22 district, by first class mail or bulk mail, within twenty days of the decision; 23 and 24 (c) A copy of the resolution is printed in each legal newspaper in the taxing 25 district's boundaries. 26 For the purposes of subsections (a), (b), and (c), the first publication is not deemed 27 to have occurred until three days after the mailing is sent or the resolution is delivered to 28 the legal newspaper. 29 The governing body's decision may be referred to a vote of the people upon a 30 resolution of the governing body of the taxing district or by a petition signed by at least 31 five percent of the registered voters in the taxing district and filed with the respective 32 governing body within twenty days of the first publication of the decision. The referendum 33 election shall be held on or before October first preceding the year the taxes are 34 payable.The governing body of a taxing district may, by resolution, impose the levy 35 26.237.21 8 1323 Underscores indicate new language. Overstrikes indicate deleted language. provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of 1 at least two-thirds of the total membership of the body, on or before July fifteenth of the 2 year prior to the year in which the taxes are payable. 3 The decision of the governing body to impose the levy must be published in the 4 legal newspaper designated by the governing body, within ten days of the body's decision. 5 The body must publish at least two additional notifications in the district's legal newspaper, 6 the last of which must be published not more than seven days before the tax levy takes 7 effect, provided that there are at least five days between the publication of the two notices. 8 Each notice must: 9 (1) Be at least three newspaper columns in width and four inches in length or at least 10 one-sixth of a page in size, whichever size is greater; 11 (2) Contain the following headline in a typeface no less than eighteen-point type: 12 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in 13 amount)"; 14 (3) Consist of a reproduction of the resolution including the amount that property taxes 15 are to be imposed; and 16 (4) Include a statement of the right to refer the decision of the board to a vote of the 17 people as provided in this section. 18 The governing body is not required to meet the formatting and content 19 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 20 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 21 the excess tax levy, mailed to every property taxpayer in the municipality, by first class 22 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 23 resolution is published in each newspaper within the municipality, as established in § 17-24 2-2.1. The additional notices must be published at least three days after the mailing is 25 sent or the resolution is delivered to the official newspaper, whichever is later. 26 The registered voters of a taxing district may refer a resolution adopted by the 27 governing body of a taxing district to impose a tax levy by filing a petition with the finance 28 officer of the taxing district. The petition must be signed by at least five percent of the 29 registered voters of the taxing district, based on the total number of registered voters of 30 the taxing district, within thirty days of the adoption of the resolution. The referendum 31 election must be held on or before October first of the year prior to the time the taxes are 32 payable. The business manager shall give notice that the question is to be on the ballot 33 at the next scheduled election or at a special election called for that purpose, as provided 34 by chapter 9-13, and prepare official ballots according to the provisions of this chapter. 35 26.237.21 9 1323 Underscores indicate new language. Overstrikes indicate deleted language. The secretary of the Department of Revenue, in rules promulgated pursuant to 1 chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the 2 notification of taxpayers as required by this section. 3 Section 10. That § 10-13-36 be AMENDED: 4 10-13-36. The governing body of a taxing district may exceed the limit pursuant 5 to § 10-13-35 through the imposition of an excess tax levy. The governing body of a 6 taxing district may impose an excess tax levy with an affirmative two-thirds vote of the 7 governing body on or before July fifteenth of the year prior to the year the taxes are 8 payable. On any excess tax levy approved after July 1, 2002, the governing body of the 9 taxing district shall specify in the resolution the year or number of years the excess tax 10 levy will be applied.The requirements for an announcement made pursuant to this section 11 are as follows: 12 (1) The decision of the governing body to originally impose or subsequently increase 13 increase an excess tax levy shall be first published within ten days of the decision; 14 (2) Publication shall be made at least twice in the legal newspaper designated by the 15 governing body pursuant 15 to § 13-8-10, law, with no fewer than five days between publication 16 dates, before the 16 opt out takes effect; 17 (3) The announcement shall be at least three newspaper columns in width and four 18 inches in length or at least one-sixth of a page in size, whichever size is greater; 19 (4) The announcement shall be headed with the following statement in a 20 typeface no 20 less than eighteen point type: "ATTENTION TAXPAYERS: 21 NOTICE OF PROPERTY 21 TAX INCREASE OF $(fill in amount)." The remainder 22 of the announcement shall 22 consist of a reproduction of the "Resolution for 23 Opt Out," including the amount that 23 property taxes will be increased 24 annually by the proposed opt out and a statement 24 of the right to refer the 25 decision of the board to a vote of the people as provided 25 in this section. The 26 secretary of revenue, in rules promulgated pursuant to chapter 26 1-26, shall 27 prescribe a uniform form to be used by the school taxing district for notification 27 of 28 taxpayers as required by this section.However, section. 29 However, the requirements of subdivisions 28 (3) and (4) shall be waived if: 29 30 (A) The opt out is for less than fifteen thousand dollars; or 30 31 (B) A copy of the resolution for opt out is mailed to every property taxpayer in 32 the local 31 governmental unit, by first class mail or bulk mail, within twenty 33 days of the 32 decision to opt out; and 33 26.237.20 5 34 26.237.21 10 1323 Underscores indicate new language. Overstrikes indicate deleted language. (C) A copy of the resolution for opt out is printed in each official newspaper in 1 the local 1 governmental unit's boundaries. 2 For the purposes of subsections (A), (B), and (C), the first publication is not 3 deemed to have occurred until three days after the mailing is sent or the resolution is 4 delivered to the official newspaper. 5 The opt out decision may be referred to a vote of the people upon a resolution of 6 the governing body of the school taxing district or by a petition signed by at least five percent of 7 the registered voters in the school taxing district and filed with the respective governing body 8 within twenty 8 days of the first publication of the decision. The referendum election shall 9 be held on or 9 before October first of preceding the year prior to the time the taxes are payable. The governing 10 The board body of a school taxing district may, by resolution, may impose an excess tax levy to exceed the limit pursuant to 11 raise additional revenues from property tax for general fund purposes only. § 10-13-35. The board 12 governing body of a taxing district may impose the an excess tax levy levy, with 12 an affirmative vote of at least two-thirds of the total membership of the governing body, 13 members on or before July fifteenth of the year prior to the year the taxes are payable. The 14 The board governing body of the taxing district shall specify in the resolution the year or number of 15 years the excess tax levy is to 15 be applied. 16 The decision of the board governing body to impose or increase an the excess tax levy must first be published 17 published in the district's legal newspaper, as newspaper designated pursuant to § 13-8-10, by the governing body, within 18 ten days of the board's body's 18 decision. The board body must publish at least two additional 19 notifications notices in the district's legal 19 newspaper, the last of which must be published not more 20 than seven days before the excess tax 20 levy takes effect, provided that there are at least five 21 days between the publication of the 21 two notices. Each notice must: 22 (1) Be at least three newspaper columns in width and four inches in length or at least 23 one-sixth of a page in size, whichever size is greater; 24 (2) Contain the following headline in a typeface no less than eighteen-point type: 23 25 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 24 26 amount)"; 25 (2) 27 (3) Consist of a reproduction of the "Resolution for Opt Out," including the amount by 26 which that 28 property taxes are is to be increased annually by the proposed opt out; and 27 (3) 29 (4) Include a statement of the right to refer the decision of the board to a vote of the 28 people, 30 people as provided in this section. 29 31 The board governing body is not required to meet the formatting and content 32 requirements 30 required by subdivisions (2) (3) and (3) (4) if the excess tax levy is for less than 33 fifteen thousand 31 dollars or if the board body has, within twenty days of the decision to impose 34 the excess tax 32 levy, mailed to every property taxpayer in the taxing district, by first class 35 26.237.21 11 1323 Underscores indicate new language. Overstrikes indicate deleted language. or bulk mail, a copy 33 of the resolution authorizing the excess tax levy and if a copy of the 1 resolution is published 34 in each newspaper within the school taxing district, as established in § 17-2-2.1. 17-2 2-2.1. The additional 35 26.237.20 6 1323 Underscores indicate new language. Overstrikes indicate deleted language. notices must be published at least three days after the mailing is 3 sent or the resolution is 1 delivered to the official newspaper, whichever is later. 2 4 The registered voters of a school the taxing district may refer a resolution adopted by the 3 board governing 5 body of a school the taxing district to impose an excess tax levy by filing filing, with the officer in charge 6 of elections for the taxing district, a petition with the business 4 manager of the school district. The petition must be signed by at least five percent of the 5 7 registered voters of the school taxing district, based on upon the total number of registered voters of 6 8 in the school taxing district, within thirty days of the adoption of the resolution. The referendum 7 9 election must be held on or before October first of the year prior to the time the taxes are 8 payable. The business manager shall give notice that the question is to be on the ballot 9 at the next scheduled election or at a special election called for that purpose, as provided 10 by chapter 13-7, and prepare official ballots according to the provisions of this chapter. 11 The secretary of the Department of Revenue shall promulgate rules, pursuant to 12 chapter 1-26, prescribing the form to be used by the school district for notification of 13 taxpayers, as required by this section. 14 Section 8. That § 10-13-35.13 be AMENDED: 15 10-13-35.13. The governing body of a taxing district may, by resolution, impose 16 the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing 17 body on or before July fifteenth. 18 The decision of the governing body to impose the levy shall be published within 19 ten days of the decision as follows: 20 (1) Publication shall be made at least twice in the legal newspaper designated by the 21 governing body pursuant to law, with no fewer than five days between publication 22 dates, before the tax imposition takes effect; 23 (2) The announcement shall be at least three newspaper columns in width and four 24 inches in length or at least one-sixth of a page in size, whichever size is greater; 25 (3) The announcement shall be headed with the following statement in a typeface no 26 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 27 TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall 28 consist of a reproduction of the resolution including the amount that property taxes 29 will be imposed and a statement of the right to refer the decision of the board to a 30 vote of the people as provided in this section. The secretary of revenue, in rules 31 promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used 32 by the taxing district for notification of taxpayers as required by this 33 section.However, the requirements of subdivisions (2) and (3) are waived if: 34 26.237.20 7 1323 Underscores indicate new language. Overstrikes indicate deleted language. (a) The property tax imposed is for less than fifteen thousand dollars; or 1 (b) A copy of the resolution is mailed to every property taxpayer in the taxing 2 district, by first class mail or bulk mail, within twenty days of the decision; 3 and 4 (c) A copy of the resolution is printed in each legal newspaper in the taxing 5 district's boundaries. 6 For the purposes of subsections (a), (b), and (c), the first publication is not deemed 7 to have occurred until three days after the mailing is sent or the resolution is delivered to 8 the legal newspaper. 9 The governing body's decision may be referred to a vote of the people upon a 10 resolution of the governing body of the taxing district or by a petition signed by at least 11 five percent of the registered voters in the taxing district and filed with the respective 12 governing body within twenty days of the first publication of the decision. The referendum 13 election shall be held on or before October first preceding the year the taxes are 14 payable.The governing body of a taxing district may, by resolution, impose the levy 15 provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of 16 at least two-thirds of the total membership of the body, on or before July fifteenth of the 17 year prior to the year in which the taxes are payable. 18 The decision of the governing body to impose the levy must be published in the 19 legal newspaper designated by the governing body, within ten days of the body's decision. 20 The body must publish at least two additional notifications in the district's legal newspaper, 21 the last of which must be published not more than seven days before the tax levy takes 22 effect, provided that there are at least five days between the publication of the two notices. 23 Each notice must: 24 (1) Be at least three newspaper columns in width and four inches in length or at least 25 one-sixth of a page in size, whichever size is greater; 26 (2) Contain the following headline in a typeface no less than eighteen-point type: 27 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in 28 amount)"; 29 (3) Consist of a reproduction of the resolution including the amount that property taxes 30 are to be imposed; and 31 (4) Include a statement of the right to refer the decision of the board to a vote of the 32 people as provided in this section. 33 The governing body is not required to meet the formatting and content 34 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 35 26.237.20 8 1323 Underscores indicate new language. Overstrikes indicate deleted language. fifteen thousand dollars or if the body has, within twenty days of the decision to impose 1 the excess tax levy, mailed to every property taxpayer in the municipality, by first class 2 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 3 resolution is published in each newspaper within the municipality, as established in § 17-4 2-2.1. The additional notices must be published at least three days after the mailing is 5 sent or the resolution is delivered to the official newspaper, whichever is later. 6 The registered voters of a school district may refer a resolution adopted by the 7 governing body of a taxing district to impose a tax levy by filing a petition with the finance 8 officer of the taxing district. The petition must be signed by at least five percent of the 9 registered voters of the taxing district, based on the total number of registered voters of 10 the taxing district, within thirty days of the adoption of the resolution. The referendum 11 election must be held on or before October first of the year prior to the time the taxes are 12 payable. The business manager shall give notice that the question is to be on the ballot 13 at the next scheduled election or at a special election called for that purpose, as provided 14 by chapter 9-13, and prepare official ballots according to the provisions of this chapter. 15 The secretary of the Department of Revenue, in rules promulgated pursuant to 16 chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the 17 notification of taxpayers as required by this section. 18 Section 9. That § 10-13-36 be AMENDED: 19 10-13-36. The governing body of a taxing district may exceed the limit pursuant 20 to § 10-13-35 through the imposition of an excess tax levy. The governing body of a 21 taxing district may impose an excess tax levy with an affirmative two-thirds vote of the 22 governing body on or before July fifteenth of the year prior to the year the taxes are 23 payable. On any excess tax levy approved after July 1, 2002, the governing body of the 24 taxing district shall specify in the resolution the year or number of years the excess tax 25 levy will be applied.The requirements for an announcement made pursuant to this section 26 are as follows: 27 (1) The decision of the governing body to originally impose or subsequently increase 28 an excess tax levy shall be published within ten days of the decision; 29 (2) Publication shall be made at least twice in the legal newspaper designated by the 30 governing body pursuant to law, with no fewer than five days between publication 31 dates, before the opt out takes effect; 32 (3) The announcement shall be at least three newspaper columns in width and four 33 inches in length or at least one-sixth of a page in size, whichever size is greater; 34 26.237.20 9 1323 Underscores indicate new language. Overstrikes indicate deleted language. (4) The announcement shall be headed with the following statement in a 1 typeface no less than eighteen point type: "ATTENTION TAXPAYERS: 2 NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder 3 of the announcement shall consist of a reproduction of the "Resolution for 4 Opt Out," including the amount that property taxes will be increased 5 annually by the proposed opt out and a statement of the right to refer the 6 decision of the board to a vote of the people as provided in this section. The 7 secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall 8 prescribe a uniform form to be used by the taxing district for notification of 9 taxpayers as required by this section. 10 However, the requirements of subdivisions (3) and (4) shall be waived if: 11 (A) The opt out is for less than fifteen thousand dollars; or 12 (B) A copy of the resolution for opt out is mailed to every property taxpayer in 13 the local governmental unit, by first class mail or bulk mail, within twenty 14 days of the decision to opt out; and 15 (C) A copy of the resolution for opt out is printed in each official newspaper in 16 the local governmental unit's boundaries. 17 For the purposes of subsections (A), (B), and (C), the first publication is not 18 deemed to have occurred until three days after the mailing is sent or the resolution is 19 delivered to the official newspaper. 20 The opt out decision may be referred to a vote of the people upon a resolution of 21 the governing body of the taxing district or by a petition signed by at least five percent of 22 the registered voters in the taxing district and filed with the respective governing body 23 within twenty days of the first publication of the decision. The referendum election shall 24 be held on or before October first preceding the year the taxes are payable. The governing 25 body of a taxing district may impose an excess tax levy to exceed the limit pursuant to 26 § 10-13-35. The governing body of a taxing district may impose an excess tax levy, with 27 an affirmative vote of at least two-thirds of the total membership of the governing body, 28 on or before July fifteenth of the year prior to the year the taxes are payable. The 29 governing body of the taxing district shall specify in the resolution the year or number of 30 years the excess tax levy is to be applied. 31 The decision of the governing body to impose the excess tax levy must be published 32 in the legal newspaper designated by the governing body, within ten days of the body's 33 decision. The body must publish at least two additional notices in the district's legal 34 newspaper, the last of which must be published not more than seven days before the tax 35 26.237.20 10 1323 Underscores indicate new language. Overstrikes indicate deleted language. levy takes effect, provided that there are at least five days between the publication of the 1 two notices. Each notice must: 2 (1) Be at least three newspaper columns in width and four inches in length or at least 3 one-sixth of a page in size, whichever size is greater; 4 (2) Contain the following headline in a typeface no less than eighteen-point type: 5 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 6 amount)"; 7 (3) Consist of a reproduction of the "Resolution for Opt Out," including the amount that 8 property taxes is to be increased annually by the proposed opt out; and 9 (4) Include a statement of the right to refer the decision of the board to a vote of the 10 people as provided in this section. 11 The governing body is not required to meet the formatting and content 12 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 13 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 14 the excess tax levy, mailed to every property taxpayer in the taxing district, by first class 15 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 16 resolution is published in each newspaper within the taxing district, as established in § 17-17 2-2.1. The additional notices must be published at least three days after the mailing is 18 sent or the resolution is delivered to the official newspaper, whichever is later. 19 The voters of the taxing district may refer a resolution adopted by the governing 20 body of the taxing district to impose an excess tax levy by filing, with the officer in charge 21 of elections for the taxing district, a petition signed by at least five percent of the 22 registered voters of the taxing district, based upon the total number of registered voters 23 in the taxing district, within thirty days of the adoption of the resolution. The referendum 24 election must be held on or before October first of the year prior to the time the taxes are 25 payable. The officer in charge of the election shall give notice that the question is to be 26 11 on the ballot at the next scheduled election or at a special election called for that purpose 27 12 and prepare official ballots as provided by law. 28 13 If the opt out is for the purpose of increasing the secondary road levy pursuant to 29 14 § 31-12-27, only the registered voters within the area of the county not included in any 30 15 municipality, organized civil township, improvement district organized pursuant to chapter 31 16 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote 32 17 on the referred decision. The taxing districts may not exceed the levy limits provided in 33 18 chapter 10-12 except for the provisions in § 10-12-36. 34 26.237.20 11 1323 Underscores indicate new language. Overstrikes indicate deleted language. 19 The secretary of the Department of Revenue shall promulgate rules, pursuant to 1 20 chapter 1-26, prescribing the form to be used by the taxing district for notification of 2 21 taxpayers as required by this section. 3 22 Section 10. 11. That § 11-2-47.1 be AMENDED: 4 23 11-2-47.1. The board's decision to incorporate the special zoning area may be 5 24 referred to a vote of the qualified voters of the proposed special zoning area pursuant to 6 25 §§ 7-18A-17 to 7-18A-24, inclusive. 7 26 The qualified voters of the proposed special zoning area may refer the decision 8 27 within twenty thirty days after its the publication of the decision, by filing a petition signed 9 28 by five percent of the registered voters in the special zoning area, based upon the total 10 29 number of registered voters at the last preceding general election. The filing of a valid 11 30 petition requires the submission of the decision to incorporate the special zoning area to 12 31 a vote of the qualified voters of the proposed special zoning area for its rejection or 13 32 approval. The 14 33 26.237.21 12 1323 Underscores indicate new language. Overstrikes indicate deleted language. Upon the filing of a referendum petition, the effective date of the incorporation of 15 1 the special zoning area on which a referendum is to be held shall be is suspended by the 16 2 filing of a referendum petition until the referendum process is completed. 17 3 Section 11. 12. That § 13-7-32 be AMENDED: 18 4 13-7-32. A school board resolution to increase school board terms to four years 19 5 or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a 20 6 referendum if five percent of the registered voters of the school district, based upon the 21 7 total number of registered voters in the school district at the last preceding general 22 8 election, petition, within twenty days after the resolution is enacted, to have the question 23 9 of approval or disapproval of the resolution to increase or decrease term limits placed 24 10 upon the ballot at the next scheduled election or at a special election called for that 25 11 purpose. The registered voters of a school district may refer a resolution adopted by the 26 12 board of a school district to increase or decrease the term of the members of a school 27 13 board, pursuant to § 13-8-2, by filing with the business manager of the school district, a 28 14 petition signed by at least five percent of the registered voters of the school district, based 29 15 upon the total number of registered voters in the school district at the last preceding 30 16 general election, within thirty days of the adoption of the resolution. 31 17 Within ten days of the presentation of a petition, the board of the school district 32 18 shall order and fix the date for holding a special election on a Tuesday between thirty and 33 26.237.20 12 1323 Underscores indicate new language. Overstrikes indicate deleted language. 19 fifty days from the date of the order. If a petition is filed within the ninety days prior to a 1 20 regular school district election and with sufficient time to comply with the requirements of 2 21 this chapter, the question must be submitted at that election. 3 22 The business manager shall give notice that the question will is to be on the ballot 4 23 at the next scheduled election or at a special election called for that purpose as provided 5 24 by law for school elections and prepare official ballots according to the provisions of this 6 25 title chapter. 7 26 Section 12. 13. That § 13-16-6.4 be AMENDED: 8 27 13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates 9 28 pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, 10 29 based upon the total number of registered voters at the last preceding general election, 11 30 petition, within twenty thirty days thereafter, to have the question of approval to enter 12 31 into the agreement or issue capital outlay certificates placed upon the ballot at a special 13 32 election called for that purpose and held on: 14 33 26.237.21 13 1323 Underscores indicate new language. Overstrikes indicate deleted language. (1) The first Tuesday after the first Monday in March; 15 1 (2) The first Tuesday after the first Monday in June; or 16 2 (3) The first Tuesday after the first Monday in November. 17 3 If the bond election is held on a date listed in subdivision (2) or (3) in an even-18 even-4 numbered year, the election must be held in conjunction with the regular primary or 19 5 general election, respectively. When the election is held in conjunction with the primary 20 6 or general election, the expenses and governmental responsibilities of a combined election 21 7 must be shared in a manner agreed upon by the board of the school district and the boards 22 8 of county commissioners involved. 23 9 The business manager shall give notice that the question is to be on the ballot at 24 10 the regular or special election as provided by law for school elections and prepare official 25 11 ballots therefor according to the provisions of this title. Approval of the question to enter 26 12 into an agreement or issue capital outlay certificates requires an affirmative vote of at 27 13 least sixty percent of those voting on the question. 28 14 If the question submitted to the voters at an election is not approved by the voters, 29 15 the school board may, by resolution, place the question on the ballot at the next available 30 16 election provided by this section. 31 17 Section 13. 14. That § 13-26-9 be AMENDED: 32 26.237.20 13 1323 Underscores indicate new language. Overstrikes indicate deleted language. 18 13-26-9. A decision by a school board to schedule the opening day of classes 1 19 before the first Tuesday following the first Monday in September may be referred to a vote 2 20 of the qualified voters of the school district by the filing of a petition signed by five percent 3 21 of the registered voters in the school district, based upon the total number of registered 4 22 voters voting at the last preceding general election, for districts with more than five 5 23 thousand registered voters. Petitions in districts with less than five thousand registered 6 24 voters must be signed by five percent of the total number of registered voters at the last 7 25 preceding general election. The board in scheduling the opening day of classes shall allow 8 26 sufficient time for the referendum process authorized in this section.The registered voters 9 27 of a school district may refer a resolution adopted by the board of a school district to 10 28 schedule the first day of classes before the first Tuesday following the first Monday in 11 29 September by filing with the business manager of the school district, a petition signed by 12 30 at least five percent of the registered voters of the school district, based upon the total 13 31 number of registered voters in the school district at the last preceding general election, 14 32 within thirty days of the adoption of the resolution. 15 33 26.237.21 14 1323 Underscores indicate new language. Overstrikes indicate deleted language. Section 14. 15. That § 13-64-7 be AMENDED: 16 1 13-64-7. A decision by a school board to implement a school sentinel program 17 2 pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school 18 3 district by the filing of a petition signed by five percent of the registered voters in the 19 4 school district, based upon the total number of registered voters at the last preceding 20 5 general election.The registered voters of a school district may refer a resolution adopted 21 6 by the board of a school district to implement a school sentinel program, pursuant to § 13-22 13-7 64-1, by filing with the business manager of the school district, a petition signed by at 23 8 least five percent of the registered voters of the school district, based upon the total 24 9 number of registered voters in the school district at the last preceding general election, 25 10 within thirty days of the adoption of the resolution. 26 11 The board shall allow sufficient time for the referendum process authorized in this 27 12 section. 28 13 Section 15. 16. That § 7-18A-15.1 be REPEALED. 29 14 Any legislative decision of a board of county commissioners is subject to the 30 15 referendum process. A legislative decision is one that enacts a permanent law or lays 31 16 down a rule of conduct or course of policy for the guidance of citizens or their officers. Any 32 17 matter of a permanent or general character is a legislative decision. 33 26.237.20 14 1323 Underscores indicate new language. Overstrikes indicate deleted language. 18 No administrative decision of a governing body is subject to the referendum 1 19 process, unless specifically authorized by this code. An administrative decision is one that 2 20 merely puts into execution a plan already adopted by the governing body itself or by the 3 21 Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, 4 22 and setting the salaries of employees are administrative decisions. 5 23 Section 16. 17. That § 7-18A-16 be REPEALED. 6 24 A petition to refer an ordinance or resolution subject to referendum may be filed 7 25 with the auditor within twenty days after publication of the ordinance or resolution in the 8 26 last to publish official county newspaper. The filing of the petition requires the submission 9 27 of the ordinance or resolution to a vote of the qualified voters of the county for rejection 10 28 or approval of the ordinance or resolution. 11 29 Section 17. 18. That § 13-26-10 be REPEALED. 12 30 26.237.21 15 1323 Underscores indicate new language. Overstrikes indicate deleted language. A petition to refer a school board decision may be filed with the business manager 13 1 of the school district within twenty days after its publication. The filing of the petition shall 14 2 require the submission of the decision to a vote of the qualified voters of the school district 15 3 for its rejection or approval. 16 4 Section 18. 19. That § 13-64-8 be REPEALED. 17 5 A petition to refer a school board decision pursuant to § 13-64-7 may be filed with 18 6 the business manager of the school district within twenty days after its publication. The 19 7 filing of the petition shall require the submission of the decision to a vote of the qualified 20 8 voters of the school district for its rejection or approval. 21 9

26.237.21 26.237.22 101st Legislative Session 1323 2026 South Dakota Legislature House Bill 1323 SENATE STATE AFFAIRS ENGROSSED Introduced by: Representative Aylward Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend modify the time required for filing a petition referring requirements to refer an ordinance or resolution to the voters 1 resolution of a political subdivision. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 7-18A-8 be AMENDED: 4 7-18A-8. Except such resolutions or ordinances as may be necessary for the 5 immediate preservation of the public peace, health, or safety, or support of the county 6 government and its existing public institutions; which provide for an election or hearing 7 on an improvement or assessment; or which call for bids which take effect upon the 8 passage and publication thereof, every resolution or ordinance passed by a board shall 9 take effect on the twentieth day after its completed publication unless suspended by 10 operation of a referendum. 11 Except as otherwise provided in this section, an ordinance or resolution passed by 12 a board of county commissioners takes effect on the thirtieth twentieth day after the final 13 publication 13 of the ordinance or resolution in the county's official newspapers, as designated 14 pursuant 14 to § 7-18-3. 15 An ordinance or resolution takes effect upon the passage and publication of the 16 ordinance or resolution if the ordinance or resolution: 17 (1) May be necessary for: 18 (a) The immediate preservation of the public peace, health, or safety; or 19 (b) The support of the county government and its existing public institutions; 20 (2) Provides for an election; 21 (3) Provides for a hearing on an improvement or assessment; or 22 (4) Calls for a bid. 23 An ordinance or resolution that has been referred to a vote of the people does not 24 take effect until the completion of the referendum process. 25 Section 2. That § 7-18A-15 be AMENDED: 26 26.237.21 26.237.22 2 1323 Underscores indicate new language. Overstrikes indicate deleted language. 7-18A-15. Any ordinance or resolution adopted by a board of county 1 commissioners may be referred to a vote of the qualified voters of the county by the filing 2 of a petition signed by five percent of the registered voters in the county, based upon the 3 total number of registered voters at the last preceding general election, except such 4 ordinances and resolutions asThe registered voters of a county may refer an ordinance or 5 resolution adopted by the board of county commissioners to the voters of the county by 6 filing a petition with the county auditor, within thirty twenty days of the adoption publication of the ordinance 7 or resolution. decision in each of the county's official newspapers, as designated pursuant to § 7-18-3. 8 The petition must be signed by at least five percent of the registered voters 8 of the county, 9 based upon the total number of registered voters in the county at the last 9 general election. election, 10 The or two thousand five hundred registered voters of the county, whichever is fewer. 11 Unless otherwise permitted by law, the registered voters of a county may not refer: 11 12 (1) An ordinance or resolution that may be necessary for the immediate preservation 12 13 of the public peace, health, or safety, or for the support of the county government 13 14 and its existing public institutions; or 14 15 (2) A An ordinance, resolution, or other decision that: 15 16 (a) Executes a plan already adopted by the board or by the Legislature; or 16 17 (b) Provides for the supervision of county programs, employees, or officials. 17 18 Section 3. That § 7-18A-29 be AMENDED: 18 19 7-18A-29. Upon the adoption of an ordinance in revision by the board, board that revises 20 the ordinances of the county, pursuant to § 7-18A-28, the auditor 19 shall publish a notice, 21 once each week for two successive weeks, in the legal newspapers 20 designated pursuant 22 to § 7-18-3, a notice that an ordinance in revision was 21 adopted.Twenty days after the 23 completed publication of the notice, unless the referendum 22 shall have been invoked, such 24 ordinance shall become effective without publication in a 23 newspaper. The notice must be 25 published once a week for two successive weeks. 24 26 The ordinance is effective thirty twenty days after the second publication of the notice. 25 27 The board shall publish the revised ordinances in book form. 26 28 Section 4. That § 9-4-4.5 be AMENDED: 27 29 9-4-4.5. The required number of voters residing in the combined area of the 28 30 municipality and special annexation precinct may file within twenty days after the 29 31 publication of the annexation resolution a petition with the municipal finance officer, 30 32 requiring the submission of the annexation resolution to a vote of the voters of the 31 33 26.237.22 3 1323 Underscores indicate new language. Overstrikes indicate deleted language. combined area of the municipality and special annexation precinct for its rejection or 32 1 approval.The registered voters living in the municipality and area designated for 33 26.237.21 3 1323 Underscores indicate new language. Overstrikes indicate deleted language. 2 annexation by the municipality may refer a resolution adopted by the governing body of 1 3 the municipality to annex land for the purpose of expanding the municipality's boundaries 2 4 by filing a petition with the municipal finance officer. officer, within twenty days of the publication 5 of the decision. The petition must be signed by at 3 least five percent of the registered 6 voters residing in the combined area of the municipality 4 and area designated for 7 annexation, based on the number of the registered voters of the 5 area, as determined by 8 the county auditor pursuant to § 9-20-8, within thirty days of or two thousand five hundred registered voters 9 residing in the 6 adoption of the ordinance or resolution. 7 same area, whichever is fewer. 10 Section 5. That § 9-19-13 be AMENDED: 8 11 9-19-13. Except such resolutions or ordinances as may be necessary for the 9 12 immediate preservation of the public peace, health, or safety, or support of the municipal 10 13 government and its existing public institutions, or which provide for an election or for 11 14 hearing on an improvement or assessment or which call for bids, which take effect upon 12 15 the passage and publication thereof, every resolution or ordinance passed by the 13 16 governing body shall take effect on the twentieth day after its publication unless 14 17 suspended by operation of a referendum.Except as otherwise provided in this section, an 15 18 ordinance or resolution passed by the governing body of a municipality takes effect on the 16 thirtieth 19 twentieth day after the publication of the ordinance or resolution in the municipality's legal 17 20 newspaper, as designated pursuant to § 9-12-6. 18 21 An ordinance or resolution takes effect upon the passage and publication of the 19 22 ordinance or resolution if the ordinance or resolution: 20 23 (1) May be necessary for: 21 24 (a) The immediate preservation of the public peace, health, or safety; or 22 25 (b) The support of the municipal government and its existing public institutions; 23 26 (2) Provides for an election; 24 27 (3) Provides for a hearing on an improvement or assessment; or 25 28 (4) Calls for a bid. 26 29 An ordinance or resolution that has been referred to a vote of the people does not 27 30 take effect until the completion of the referendum process. 28 31 Section 6. That § 9-20-6 be AMENDED: 29 32 26.237.22 4 1323 Underscores indicate new language. Overstrikes indicate deleted language. 9-20-6. The required number of voters residing in any municipality may file within 30 1 twenty days after the publication of any ordinance or resolution subject to referendum a 31 2 petition with the auditor or clerk, requiring the submission of any such ordinance or 32 3 resolution to a vote of the voters of the municipality for its rejection or approval. If filed 33 26.237.21 4 1323 Underscores indicate new language. Overstrikes indicate deleted language. on the twentieth day after publication, such petitions shall be filed no later than normal 1 5 closing hours of the city hall or city auditor's office on said twentieth day. The day.The registered 2 6 voters of a municipality may refer an ordinance or resolution adopted by the governing 3 7 body of the municipality to the voters of the municipality by filing a petition with the 4 8 municipal finance officer. officer, within twenty days of the publication of the decision. The petition 9 must be signed by at least five percent of the 5 registered voters of the municipality, based 10 on the number of the registered voters of the 6 municipality, as recorded by the county 11 auditor pursuant to § 9-2-2, within thirty days of 7 the adoption or two thousand five hundred registered voters of the ordinance or resolution. 12 municipality, whichever is fewer. The petition must be filed with the finance 8 officer before 13 the normal finance office closing time on the thirtieth twentieth day. 9 14 Unless otherwise permitted by law, the registered voters of a municipality may not 15 refer: 16 (1) An ordinance or resolution that may be necessary for the immediate preservation 17 of the public peace, health, or safety, or for the support of the municipal 18 government and its existing public institutions; or 19 (2) An ordinance, resolution, or other decision that: 20 (a) Executes a plan already adopted by the governing body or by the 21 Legislature; or 22 (b) Provides for the supervision of municipal programs, employees, or officials. 23 Section 7. That § 9-20-8 be AMENDED: 10 24 9-20-8. The referendum petition shall be signed by at least five percent of the 11 25 registered voters in the municipality. The percentage shall be based on the number of 12 26 registered voters of the municipality as recorded by the county auditor on the second 13 27 Tuesday in January in the year the petition is filed. If the petition is filed before the second 14 28 Tuesday in January, the prior year's calculation of registered voters shall be used. The 15 29 signer or circulator shall add the signer's residence address, county of voter registration, 16 30 and date of signing. The signer's post office box number may be given in lieu of a street 17 31 address if the signer lives within a municipality of the second or third class.An individual 18 32 signing the petition to refer an ordinance or resolution or the petition circulator shall add 19 33 the individual's residence address, county of voter registration, and the date of signing. If 20 34 26.237.22 5 1323 Underscores indicate new language. Overstrikes indicate deleted language. the individual lives within a second-class or third-class municipality, the individual may 21 1 provide the individual's post office box number in lieu of a street address. 22 2 Section 8. That § 10-12-43 be AMENDED: 23 3 10-12-43. The governing body of the school district may raise additional revenues 24 4 for general fund purposes only, from property tax through the imposition of an excess tax 25 5 levy. The governing body of a school district may impose the excess tax levy with an 26 6 affirmative two-thirds vote of the governing body on or before July fifteenth of the year 27 7 prior to the year the taxes are payable. On any excess tax levy approved after July 1, 28 8 2002, the governing body of the taxing district shall specify in the resolution the year or 29 9 number of years the excess tax levy will be applied. 30 10 The requirements for an announcement made pursuant to this section are as 31 follows: 32 26.237.21 5 1323 Underscores indicate new language. Overstrikes indicate deleted language. (1) The decision of the governing body to originally impose or subsequently 1 increase an excess tax levy shall be first published within ten days of the decision; 2 (2) Publication shall be made at least twice in the legal newspaper designated pursuant 3 to § 13-8-10, with no fewer than five days between publication dates, before the 4 opt out takes effect; 5 (3) The announcement shall be at least three newspaper columns in width and four 6 inches in length or at least one-sixth of a page in size, whichever size is greater; 7 (4) The announcement shall be headed with the following statement in a typeface no 8 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 9 TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall 10 consist of a reproduction of the "Resolution for Opt Out," including the amount that 11 property taxes will be increased annually by the proposed opt out and a statement 12 of the right to refer the decision of the board to a vote of the people as provided 13 in this section. The secretary of revenue, in rules promulgated pursuant to chapter 14 1-26, shall prescribe a uniform form to be used by the school district for notification 15 of taxpayers as required by this section.However, the requirements of subdivisions 16 (3) and (4) shall be waived if: 17 (A) The opt out is for less than fifteen thousand dollars; or 18 (B) A copy of the resolution for opt out is mailed to every property taxpayer in the local 19 governmental unit, by first class mail or bulk mail, within twenty days of the 20 decision to opt out; and 21 (C) A copy of the resolution for opt out is printed in each official newspaper in the local 22 governmental unit's boundaries. 23 For the purposes of subsections (A), (B), and (C), the first publication is not 24 deemed to have occurred until three days after the mailing is sent or the resolution is 25 delivered to the official newspaper. 26 The opt out decision may be referred to a vote of the people upon a resolution of 27 the governing body of the school district or by a petition signed by at least five percent of 28 the registered voters in the school district and filed with the governing body within twenty 29 days of the first publication of the decision. The referendum election shall be held on or 30 before October first of the year prior to the time the taxes are payable. 31 The board of a school district may, by resolution, impose an excess tax levy to 32 raise additional revenues from property tax for general fund purposes only. The board 33 may impose the excess tax levy with an affirmative vote of at least two-thirds of the 34 members on or before July fifteenth of the year prior to the year the taxes are payable. 35 26.237.21 6 1323 Underscores indicate new language. Overstrikes indicate deleted language. The board shall specify in the resolution the year or number of years the excess tax is to 1 be applied. 2 The decision of the board to impose or increase an excess tax levy must first be 3 published in the district's legal newspaper, as designated pursuant to § 13-8-10, within 4 ten days of the board's decision. The board must publish at least two additional 5 notifications in the district's legal newspaper, the last of which must be published not more 6 than seven days before the excess levy takes effect, provided that there are at least five 7 days between the publication of the two notices. Each notice must: 8 (1) Contain the following headline in a typeface no less than eighteen-point type: 9 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 10 amount)"; 11 (2) Consist of a reproduction of the "Resolution for Opt Out," including the amount by 12 which property taxes are to be increased annually by the proposed opt out; and 13 (3) Include a statement of the right to refer the decision of the board to a vote of the 14 people, as provided in this section. 15 The board is not required to meet the formatting and content requirements 16 required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand 17 dollars or if the board has, within twenty days of the decision to impose the excess tax 18 levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy 19 of the resolution authorizing the excess tax levy and if a copy of the resolution is published 20 in each newspaper within the school district, as established in § 17-2-2.1. The additional 21 notices must be published at least three days after the mailing is sent or the resolution is 22 delivered to the official newspaper, whichever is later. 23 The registered voters of a school district may refer a resolution adopted by the 24 board of a school district to impose an excess tax levy by filing a petition with the business 25 manager of the school district. The petition must be signed by at least five percent of the 26 registered voters of the school district, based on the total number of registered voters of 27 the school district, within thirty days of the adoption of the resolution. The referendum 28 election must be held on or before October first of the year prior to the time the taxes are 29 payable. The business manager shall give notice that the question is to be on the ballot 30 at the next scheduled election or at a special election called for that purpose, as provided 31 by chapter 13-7, and prepare official ballots according to the provisions of this chapter. 32 The secretary of the Department of Revenue shall promulgate rules, pursuant to 33 chapter 1-26, prescribing the form to be used by the school district for notification of 34 taxpayers, as required by this section. 35 26.237.21 7 1323 Underscores indicate new language. Overstrikes indicate deleted language. Section 9. That § 10-13-35.13 be AMENDED: 1 10-13-35.13. The governing body of a taxing district may, by resolution, impose 2 the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing 3 body on or before July fifteenth. 4 The decision of the governing body to impose the levy shall be published within 5 ten days of the decision as follows: 6 (1) Publication shall be made at least twice in the legal newspaper designated by the 7 governing body pursuant to law, with no fewer than five days between publication 8 dates, before the tax imposition takes effect; 9 (2) The announcement shall be at least three newspaper columns in width and four 10 inches in length or at least one-sixth of a page in size, whichever size is greater; 11 (3) The announcement shall be headed with the following statement in a typeface no 12 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 13 TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall 14 consist of a reproduction of the resolution including the amount that property taxes 15 will be imposed and a statement of the right to refer the decision of the board to a 16 vote of the people as provided in this section. The secretary of revenue, in rules 17 promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used 18 by the taxing district for notification of taxpayers as required by this 19 section.However, the requirements of subdivisions (2) and (3) are waived if: 20 (a) The property tax imposed is for less than fifteen thousand dollars; or 21 (b) A copy of the resolution is mailed to every property taxpayer in the taxing 22 district, by first class mail or bulk mail, within twenty days of the decision; 23 and 24 (c) A copy of the resolution is printed in each legal newspaper in the taxing 25 district's boundaries. 26 For the purposes of subsections (a), (b), and (c), the first publication is not deemed 27 to have occurred until three days after the mailing is sent or the resolution is delivered to 28 the legal newspaper. 29 The governing body's decision may be referred to a vote of the people upon a 30 resolution of the governing body of the taxing district or by a petition signed by at least 31 five percent of the registered voters in the taxing district and filed with the respective 32 governing body within twenty days of the first publication of the decision. The referendum 33 election shall be held on or before October first preceding the year the taxes are 34 payable.The governing body of a taxing district may, by resolution, impose the levy 35 26.237.21 8 1323 Underscores indicate new language. Overstrikes indicate deleted language. provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of 1 at least two-thirds of the total membership of the body, on or before July fifteenth of the 2 year prior to the year in which the taxes are payable. 3 The decision of the governing body to impose the levy must be published in the 4 legal newspaper designated by the governing body, within ten days of the body's decision. 5 The body must publish at least two additional notifications in the district's legal newspaper, 6 the last of which must be published not more than seven days before the tax levy takes 7 effect, provided that there are at least five days between the publication of the two notices. 8 Each notice must: 9 (1) Be at least three newspaper columns in width and four inches in length or at least 10 one-sixth of a page in size, whichever size is greater; 11 (2) Contain the following headline in a typeface no less than eighteen-point type: 12 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in 13 amount)"; 14 (3) Consist of a reproduction of the resolution including the amount that property taxes 15 are to be imposed; and 16 (4) Include a statement of the right to refer the decision of the board to a vote of the 17 people as provided in this section. 18 The governing body is not required to meet the formatting and content 19 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 20 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 21 the excess tax levy, mailed to every property taxpayer in the municipality, by first class 22 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 23 resolution is published in each newspaper within the municipality, as established in § 17-24 2-2.1. The additional notices must be published at least three days after the mailing is 25 sent or the resolution is delivered to the official newspaper, whichever is later. 26 The registered voters of a taxing district may refer a resolution adopted by the 27 governing body of a taxing district to impose a tax levy by filing a petition with the finance 28 officer of the taxing district. The petition must be signed by at least five percent of the 29 registered voters of the taxing district, based on the total number of registered voters of 30 the taxing district, within thirty days of the adoption of the resolution. The referendum 31 election must be held on or before October first of the year prior to the time the taxes are 32 payable. The business manager shall give notice that the question is to be on the ballot 33 at the next scheduled election or at a special election called for that purpose, as provided 34 by chapter 9-13, and prepare official ballots according to the provisions of this chapter. 35 26.237.21 9 1323 Underscores indicate new language. Overstrikes indicate deleted language. The secretary of the Department of Revenue, in rules promulgated pursuant to 1 chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the 2 notification of taxpayers as required by this section. 3 Section 10. That § 10-13-36 be AMENDED: 4 10-13-36. The governing body of a taxing district may exceed the limit pursuant 5 to § 10-13-35 through the imposition of an excess tax levy. The governing body of a 6 taxing district may impose an excess tax levy with an affirmative two-thirds vote of the 7 governing body on or before July fifteenth of the year prior to the year the taxes are 8 payable. On any excess tax levy approved after July 1, 2002, the governing body of the 9 taxing district shall specify in the resolution the year or number of years the excess tax 10 levy will be applied.The requirements for an announcement made pursuant to this section 11 are as follows: 12 (1) The decision of the governing body to originally impose or subsequently 13 increase 13 an excess tax levy shall be first published within ten days of the decision; 14 (2) Publication shall be made at least twice in the legal newspaper designated by the pursuant 15 governing body pursuant to law, § 13-8-10, with no fewer than five days between publication 16 dates, before the 16 opt out takes effect; 17 (3) The announcement shall be at least three newspaper columns in width and four 18 inches in length or at least one-sixth of a page in size, whichever size is greater; 19 (4) The announcement shall be headed with the following statement in a 20 typeface no 20 less than eighteen point type: "ATTENTION TAXPAYERS: 21 NOTICE OF PROPERTY 21 TAX INCREASE OF $(fill in amount)." The remainder 22 of the announcement shall 22 consist of a reproduction of the "Resolution for 23 Opt Out," including the amount that 23 property taxes will be increased 24 annually by the proposed opt out and a statement 24 of the right to refer the 25 decision of the board to a vote of the people as provided 25 in this section. The 26 secretary of revenue, in rules promulgated pursuant to chapter 26 1-26, shall 27 prescribe a uniform form to be used by the taxing school district for notification 27 of 28 taxpayers as required by this section. 29 However, the requirements of subdivisions 28 (3) and (4) shall be waived if: 30 29 (A) The opt out is for less than fifteen thousand dollars; or 31 30 (B) A copy of the resolution for opt out is mailed to every property taxpayer in 32 the local 31 governmental unit, by first class mail or bulk mail, within twenty 33 days of the 32 decision to opt out; and 34 26.237.21 10 33 26.237.22 6 1323 Underscores indicate new language. Overstrikes indicate deleted language. (C) A copy of the resolution for opt out is printed in each official newspaper in 1 the local 1 governmental unit's boundaries. 2 For the purposes of subsections (A), (B), and (C), the first publication is not 3 deemed to have occurred until three days after the mailing is sent or the resolution is 4 delivered to the official newspaper. 5 The opt out decision may be referred to a vote of the people upon a resolution of 6 the governing body of the taxing school district or by a petition signed by at least five percent of 7 the registered voters in the taxing school district and filed with the respective governing body 8 within twenty 8 days of the first publication of the decision. The referendum election shall 9 be held on or 9 before October first preceding of the year prior to the time the taxes are payable. 10 The governing 10 body board of a taxing school district may may, by resolution, impose an excess tax levy to exceed the limit pursuant to 11 § 10-13-35. raise additional revenues from property tax for general fund purposes only. The governing body of a taxing district board 12 may impose an the excess tax levy, levy with 12 an affirmative vote of at least two-thirds of the total membership of the governing body, 13 members on or before July fifteenth of the year prior to the year the taxes are payable. 14 The 14 governing body of the taxing district board shall specify in the resolution the year or number of years the excess tax is to 15 years be applied. 16 The decision of the board to impose or increase an excess tax levy must first be 17 published in the district's legal newspaper, as designated pursuant to § 13-8-10, within 18 ten days of the board's decision. The board must publish at least two additional 19 notifications in the district's legal newspaper, the last of which must be published not more 20 than seven days before the excess levy takes effect, provided that there are at least five 21 days between the publication of the two notices. Each notice must: 22 (1) Contain the following headline in a typeface no less than eighteen-point type: 23 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 24 amount)"; 25 (2) Consist of a reproduction of the "Resolution for Opt Out," including the amount by 26 which property taxes are to be increased annually by the proposed opt out; and 27 (3) Include a statement of the right to refer the decision of the board to a vote of the 28 people, as provided in this section. 29 The board is not required to meet the formatting and content requirements 30 required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand 31 dollars or if the board has, within twenty days of the decision to impose the excess tax 32 levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy 33 of the resolution authorizing the excess tax levy and if a copy of the resolution is published 34 in each newspaper within the school district, as established in § 17-2-2.1. The additional 35 26.237.22 7 1323 Underscores indicate new language. Overstrikes indicate deleted language. notices must be published at least three days after the mailing is sent or the resolution is 1 delivered to the official newspaper, whichever is later. 2 The secretary of the Department of Revenue shall promulgate rules, pursuant to 3 chapter 1-26, prescribing the form to be applied. used by the school district for notification of 4 taxpayers, as required by this section. 5 Section 9. That § 10-12-43.1 be AMENDED: 6 10-12-43.1. A school district may raise additional revenues for capital outlay fund 7 purposes through the imposition of an excess tax levy. A school district seeking to impose 8 an excess tax levy pursuant to this section is subject to the same opt out procedures and 9 requirements as provided in § 10-12-43. The opt out decision may be referred to a vote 10 of the people in the same manner as provided in § 10-12-43. 11 A school district imposing an excess tax levy pursuant to this section shall exclude 12 any additional revenue generated by the excess tax levy from the total tax revenues 13 deposited in the capital outlay fund when calculating the maximum allowable transfer to 14 the school district's general fund authorized under § 13-16-6. Any additional Additional 15 revenue generated by the excess tax levy may only be used for capital outlay fund 16 purposes pursuant to § 13-16-6. 17 In no year may the annual tax levy for capital outlay fund purposes exceed the 18 levy authorized under § 13-16-7. 19 Section 10. That a NEW SECTION be added to chapter 10-12: 20 The registered voters of a school district may refer a resolution adopted by the 21 board of the school district to impose an excess tax levy, pursuant to § 10-12-43 or 10-22 12-43.1, by filing a petition with the business manager of the school district, within twenty 23 days of the first publication of the decision. The petition must be signed by at least five 24 percent of the registered voters of the school district, based on the total number of 25 registered voters of the school district, or two thousand five hundred registered voters of 26 the school district, whichever is fewer. 27 The election must be held on or before October first of the year prior to the time 28 the taxes are payable. The business manager shall give notice that the question is to be 29 on the ballot at the next scheduled election or at a special election called for that purpose 30 and prepare official ballots according to the provisions of chapter 13-7. 31 Section 11. That § 10-13-35.13 be AMENDED: 32 26.237.22 8 1323 Underscores indicate new language. Overstrikes indicate deleted language. 10-13-35.13. The governing body of a taxing district may, by resolution, impose 1 the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing 2 body on or before July fifteenth. 3 The decision of the governing body to impose the excess levy shall be published within 4 ten days of the decision as follows: 5 (1) Publication shall be made at least twice in the legal newspaper designated by the 6 governing body pursuant to law, with no fewer than five days between publication 7 dates, before the tax imposition takes effect; 8 (2) The announcement shall be at least three newspaper columns in width and four 9 inches in length or at least one-sixth of a page in size, whichever size is greater; 10 (3) The announcement shall be headed with the following statement in a typeface no 11 less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY 12 TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall 13 consist of a reproduction of the resolution including the amount that property taxes 14 will be imposed and a statement of the right to refer the decision of the board to a 15 vote of the people as provided in this section. The secretary of revenue, in rules 16 promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used 17 by the taxing district for notification of taxpayers as required by this section. 18 However, the requirements of subdivisions (2) and (3) are waived if: 19 (a) The property tax imposed is for less than fifteen thousand dollars; or 20 (b) A copy of the resolution is mailed to every property taxpayer in the taxing 21 district, by first class mail or bulk mail, within twenty days of the decision; 22 and 23 (c) A copy of the resolution is printed in each legal newspaper in the taxing 24 district's boundaries. 25 For the purposes of subsections (a), (b), and (c), the first publication is not deemed 26 to have occurred until three days after the mailing is sent or the resolution is delivered to 27 the legal newspaper. 28 The governing body's decision may be referred to a vote of the people upon a 29 resolution of the governing body of the taxing district or by a petition signed by at least 30 five percent of the registered voters in the taxing district and filed with the respective 31 governing body within twenty days of the first publication of the decision. The referendum 32 election shall be held on or before October first preceding the year the taxes are 33 payable.The governing body of a taxing district may, by resolution, impose the levy 34 provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of 35 26.237.22 9 1323 Underscores indicate new language. Overstrikes indicate deleted language. at least two-thirds of the total membership of the body, on or before July fifteenth of the 1 year prior to the year in which the taxes are payable. 2 The decision of the governing body to impose the levy must be published 17 in the 3 legal newspaper designated by the governing body, within ten days of the body's 18 decision. 4 The body must publish at least two additional notices notifications in the district's legal 19 newspaper, 5 the last of which must be published not more than seven days before the tax 20 levy takes 6 effect, provided that there are at least five days between the publication of the 21 two notices. 7 Each notice must: 22 8 (1) Be at least three newspaper columns in width and four inches in length or at least 23 9 one-sixth of a page in size, whichever size is greater; 24 10 (2) Contain the following headline in a typeface no less than eighteen-point type: 25 11 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE IMPOSED OF $(fill in 26 12 amount)"; 27 13 (3) Consist of a reproduction of the "Resolution for Opt Out," resolution, including the amount that 28 property 14 taxes is are to be increased annually by the proposed opt out; imposed; and 29 15 (4) Include a statement of the right to refer the decision of the board to a vote of the 30 16 people as provided in this section. 31 17 The governing body is not required to meet the formatting and content 32 18 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 33 19 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 34 20 the excess tax levy, mailed to every property taxpayer in the taxing district, municipality, by first class 35 26.237.21 11 1323 Underscores indicate new language. Overstrikes indicate deleted language. 21 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 1 22 resolution is published in each newspaper within the taxing district, municipality, as established in § 17-2 17-23 2-2.1. The additional notices must be published at least three days after the mailing is 3 24 sent or the resolution is delivered to the official newspaper, whichever is later. 4 25 The secretary of the Department of Revenue, in rules promulgated pursuant to 26 chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the 27 notification of taxpayers as required by this section. 28 Section 12. That a NEW SECTION be added to chapter 10-13: 29 The registered voters of the a taxing district may refer a resolution adopted by the 30 governing 5 body of the taxing district to impose an excess tax levy by filing, filing a petition with 31 the officer person in charge 6 of elections for the taxing district's elections, within twenty days of the first 32 publication of the decision. The petition must be signed by at least five percent of the 33 26.237.22 10 1323 Underscores indicate new language. Overstrikes indicate deleted language. registered voters of the taxing district, or two thousand five hundred registered voters of 1 the taxing district, whichever is fewer. 2 The referendum election must be held on or before October first of the year prior 3 to the time the taxes are payable. The person in charge of the taxing district's elections 4 shall give notice that the question is to be on the ballot at the next scheduled election or 5 at a special election called for that purpose and prepare official ballots according to the 6 provisions of chapter 9-13. 7 Section 13. That § 10-13-36 be AMENDED: 8 10-13-36. The governing body of a taxing district may exceed the limit pursuant 9 to § 10-13-35 through the imposition of an excess tax levy. The governing body of a 10 taxing district may impose an excess tax levy with an affirmative two-thirds vote of the 11 governing body on or before July fifteenth of the year prior to the year the taxes are 12 payable. On any excess tax levy approved after July 1, 2002, the governing body of the 13 taxing district shall specify in the resolution the year or number of years the excess tax 14 levy will be applied. The requirements for an announcement made pursuant to this section 15 are as follows: 16 (1) The decision of the governing body to originally impose or subsequently increase 17 an excess tax levy shall be published within ten days of the decision; 18 (2) Publication shall be made at least twice in the legal newspaper designated by the 19 governing body pursuant to law, with no fewer than five days between publication 20 dates, before the opt out takes effect; 21 (3) The announcement shall be at least three newspaper columns in width and four 22 inches in length or at least one-sixth of a page in size, whichever size is greater; 23 (4) The announcement shall be headed with the following statement in a 24 typeface no less than eighteen point type: "ATTENTION TAXPAYERS: 25 NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder 26 of the announcement shall consist of a reproduction of the "Resolution for 27 Opt Out," including the amount that property taxes will be increased 28 annually by the proposed opt out and a statement of the right to refer the 29 decision of the board to a vote of the people as provided in this section. The 30 secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall 31 prescribe a uniform form to be used by the taxing district for notification of 32 taxpayers as required by this section. 33 However, the requirements of subdivisions (3) and (4) shall be waived if: 34 26.237.22 11 1323 Underscores indicate new language. Overstrikes indicate deleted language. (A) The opt out is for less than fifteen thousand dollars; or 1 (B) A copy of the resolution for opt out is mailed to every property taxpayer in 2 the local governmental unit, by first class mail or bulk mail, within twenty 3 days of the decision to opt out; and 4 (C) A copy of the resolution for opt out is printed in each official newspaper in 5 the local governmental unit's boundaries. 6 For the purposes of subsections (A), (B), and (C), the first publication is not 7 deemed to have occurred until three days after the mailing is sent or the resolution is 8 delivered to the official newspaper. 9 The opt out decision may be referred to a vote of the people upon a resolution of 10 the governing body of the taxing district or by a petition signed by at least five percent of 11 the registered voters in the taxing district and filed with the respective governing body 12 within twenty days of the first publication of the decision. The referendum election shall 13 be held on or before October first preceding the year the taxes are payable. The governing 14 body of a taxing district may impose an excess tax levy to exceed the limit pursuant to 15 § 10-13-35. The governing body of a taxing district may impose an excess tax levy, with 16 an affirmative vote of at least two-thirds of the total membership of the governing body, 17 on or before July fifteenth of the year prior to the year the taxes are payable. The 18 governing body of the taxing district shall specify in the resolution the year or number of 19 years the excess tax levy is to be applied. 20 The decision of the governing body to impose the excess tax levy must be published 21 in the legal newspaper designated by the governing body, within ten days of the body's 22 decision. The body must publish at least two additional notices in the district's legal 23 newspaper, the last of which must be published not more than seven days before the tax 24 levy takes effect, provided that there are at least five days between the publication of the 25 two notices. Each notice must: 26 (1) Be at least three newspaper columns in width and four inches in length or at least 27 one-sixth of a page in size, whichever size is greater; 28 (2) Contain the following headline in a typeface no less than eighteen-point type: 29 "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in 30 amount)"; 31 (3) Consist of a reproduction of the "Resolution for Opt Out," including the amount that 32 property taxes is to be increased annually by the proposed opt out; and 33 (4) Include a statement of the right to refer the decision of the board to a vote of the 34 people as provided in this section. 35 26.237.22 12 1323 Underscores indicate new language. Overstrikes indicate deleted language. The governing body is not required to meet the formatting and content 1 requirements required by subdivisions (3) and (4) if the excess tax levy is for less than 2 fifteen thousand dollars or if the body has, within twenty days of the decision to impose 3 the excess tax levy, mailed to every property taxpayer in the taxing district, by first class 4 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the 5 resolution is published in each newspaper within the taxing district, as established in § 17-6 2-2.1. The additional notices must be published at least three days after the mailing is 7 sent or the resolution is delivered to the official newspaper, whichever is later. 8 If the opt out is for the purpose of increasing the secondary road levy pursuant to 9 § 31-12-27, only the registered voters within the area of the county not included in any 10 municipality, organized civil township, improvement district organized pursuant to chapter 11 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote 12 on the referred decision. The taxing districts may not exceed the levy limits provided in 13 chapter 10-12 except for the provisions in § 10-12-36. 14 The secretary of the Department of Revenue shall promulgate rules, pursuant to 15 chapter 1-26, prescribing the form to be used by the taxing district for notification of 16 taxpayers as required by this section. 17 Section 14. That a NEW SECTION be added to chapter 10-13: 18 The registered voters of a taxing district may refer a resolution adopted by the 19 governing body of the taxing district to impose an excess tax levy by filing a petition with 20 the person in charge of the taxing district's elections, within twenty days of the first 21 publication of the decision. The petition must be signed by at least five percent of the 22 registered voters of the taxing district, based upon the total number of or two thousand five hundred registered voters 8 in of 23 the taxing district, within thirty days of the adoption of the resolution. whichever is fewer. 24 The referendum 9 election must be held on or before October first of the year prior to the time 25 the taxes are 10 payable. The officer person in charge of the election taxing district's elections shall give 26 notice that the question is to be 11 on the ballot at the next scheduled election or at a special 27 election called for that purpose 12 and prepare official ballots as provided by law. 13 If the opt out is for the purpose of increasing the secondary road levy pursuant to 14 § 31-12-27, only the registered voters within the area of the county not included in any 15 municipality, organized civil township, improvement district organized pursuant to chapter 16 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote 17 on the referred decision. The taxing districts may not exceed the levy limits provided in 18 chapter 10-12 except for the provisions in § 10-12-36. 19 The secretary of the Department of Revenue shall promulgate rules, pursuant to 20 chapter 1-26, prescribing the form to be used by the taxing district for notification of 21 taxpayers as required by this section. 22 28 Section 11. 15. That § 11-2-47.1 be AMENDED: 23 29 11-2-47.1. The board's decision to incorporate the special zoning area may be 24 30 referred to a vote of the qualified voters of the proposed special zoning area pursuant to 25 31 §§ 7-18A-17 to 7-18A-24, inclusive. 26 32 26.237.22 13 1323 Underscores indicate new language. Overstrikes indicate deleted language. The qualified registered voters of the proposed special zoning area may refer the 1 decision 27 within twenty thirty days after its publication, by filing a petition with the person in 2 charge of the jurisdiction's elections, within twenty days of the publication of the decision, decision. 3 The petition must be signed by filing a petition signed 28 by at least five percent of the registered voters in the special 4 zoning area, based upon the total 29 number of registered voters at the last preceding 5 general election. The filing of a valid 30 petition requires the submission of the decision to 6 incorporate the special zoning area to 31 a vote of the qualified voters of the proposed special 7 zoning area for its rejection or 32 approval. The 33 26.237.21 12 1323 Underscores indicate new language. Overstrikes indicate deleted language. The, or two thousand five hundred registered 8 voters of the special zoning area, whichever is fewer. 9 Upon the filing of a referendum petition, the effective date of the incorporation of 1 10 the special zoning area on which a referendum is to be held shall be is suspended by the 2 11 filing of a referendum petition until the referendum process is completed. 3 12 Section 12. 16. That § 13-7-32 be AMENDED: 4 13 13-7-32. A school board resolution to increase school board terms to four years 5 14 or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a 6 15 referendum if five percent of the registered voters of the school district, based upon the 7 16 total number of registered voters in the school district at the last preceding general 8 17 election, petition, within twenty days after the resolution is enacted, to have the question 9 18 of approval or disapproval of the resolution to increase or decrease term limits placed 10 19 upon the ballot at the next scheduled election or at a special election called for that 11 20 purpose. The registered voters of a school district may refer a resolution adopted by the 12 21 board of a school district to increase or decrease the term of the members of a school 13 22 board, pursuant to § 13-8-2, by filing a petition with the business manager of the school 23 district, a 14 within twenty days of the enactment of the resolution. The petition must be signed 24 by at least five percent of the registered voters of the school district, based 15 upon the total 25 number of registered voters in the school district at the last preceding 16 general election, within thirty days or 26 two thousand five hundred registered voters of the adoption of the resolution. 17 school district, whichever is fewer. 27 Within ten days of the presentation of a petition, the board of the school district 18 28 shall order and fix the date for holding a special election on a Tuesday between thirty and 19 29 fifty days from the date of the order. If a petition is filed within the ninety days prior to a 20 30 regular school district election and with sufficient time to comply with the requirements of 21 31 this chapter, the question must be submitted at that election. 22 32 The business manager shall give notice that the question will is to be on the ballot 23 33 at the next scheduled election or at a special election called for that purpose as provided 24 34 26.237.22 14 1323 Underscores indicate new language. Overstrikes indicate deleted language. by law for school elections and prepare official ballots according to the provisions of this 25 1 title chapter. 26 2 Section 13. 17. That § 13-16-6.4 be AMENDED: 27 3 13-16-6.4. Approval to enter into an agreement or issue capital outlay certificates 28 4 pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, 29 5 based upon the total number of registered voters at the last preceding general election, 30 6 petition, within twenty thirty days thereafter, to have the question of approval to enter 31 into the 7 agreement or issue capital outlay certificates placed upon the ballot at a special 32 election 8 called for that purpose and The registered voters of a school district may refer a decision 9 of the board of a school district to enter into an agreement or issue capital outlay 10 certificates, pursuant to § 13-16-6.3, by filing a petition with the business manager of the 11 school district, within twenty days of the decision to enter into the agreement or issue the 12 certificates. The decision must be signed by at least five percent of the registered voters 13 of the school district, based upon the total number of registered voters in the school 14 district at the last preceding general election, or two thousand five hundred registered 15 voters of the school district, whichever is fewer. 16 The question of approval to enter into the agreement or issue capital outlay 17 certificates must be placed on the ballot of a special election called for that purpose and 18 held on: 33 26.237.21 13 1323 Underscores indicate new language. Overstrikes indicate deleted language. 19 (1) The first Tuesday after the first Monday in March; 1 20 (2) The first Tuesday after the first Monday in June; or 2 21 (3) The first Tuesday after the first Monday in November. 3 22 If the bond election is held on a date listed in subdivision (2) or (3) in an even-4 even-23 numbered year, the election must be held in conjunction with the regular primary or 5 24 general election, respectively. When the election is held in conjunction with the primary 6 25 or general election, the expenses and governmental responsibilities of a combined election 7 26 must be shared in a manner agreed upon by the board of the school district and the boards 8 27 of county commissioners involved. 9 28 The business manager shall give notice that the question is to be on the ballot at 10 29 the regular or special election as provided by law for school elections and prepare official 11 30 ballots therefor according to the provisions of this title. Approval of the question to enter 12 31 into an agreement or issue capital outlay certificates requires an affirmative vote of at 13 32 least sixty percent of those voting on the question. 14 33 26.237.22 15 1323 Underscores indicate new language. Overstrikes indicate deleted language. If the question submitted to the voters at an election is not approved by the voters, 15 1 the school board may, by resolution, place the question on the ballot at the next available 16 2 election provided by this section. 17 3 Section 14. 18. That § 13-26-9 be AMENDED: 18 4 13-26-9. A decision by a school board to schedule the opening day of classes 19 5 before the first Tuesday following the first Monday in September may be referred to a vote 20 6 of the qualified voters of the school district by the filing of a petition signed by five percent 21 7 of the registered voters in the school district, based upon the total number of registered 22 8 voters voting at the last preceding general election, for districts with more than five 23 9 thousand registered voters. Petitions in districts with less than five thousand registered 24 10 voters must be signed by five percent of the total number of registered voters at the last 25 11 preceding general election. The board in scheduling the opening day of classes shall allow 26 12 sufficient time for the referendum process authorized in this section.The registered voters 27 13 of a school district may refer a resolution adopted by the board of a school district to 28 14 schedule the first day of classes before the first Tuesday following the first Monday in 29 15 September by filing a petition with the business manager of the school district, a within 16 twenty days of the adoption of the resolution. The petition must be signed by 30 at least five 17 percent of the registered voters of the school district, based upon the total 31 number of 18 registered voters in the school district at the last preceding general election, 32 within thirty days or two 19 thousand five hundred registered voters of the adoption of the resolution. 33 26.237.21 14 1323 Underscores indicate new language. Overstrikes indicate deleted language. school district, whichever is fewer. 20 Section 15. 19. That § 13-64-7 be AMENDED: 1 21 13-64-7. A decision by a school board to implement a school sentinel program 2 22 pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school 3 23 district by the filing of a petition signed by five percent of the registered voters in the 4 24 school district, based upon the total number of registered voters at the last preceding 5 25 general election.The registered voters of a school district may refer a resolution adopted 6 26 by the board of a school district to implement a school sentinel program, pursuant to § 13-7 13-27 64-1, by filing a petition with the business manager of the school district, a within twenty 28 days of the adoption of the resolution. The petition must be signed by at 8 least five percent 29 of the registered voters of the school district, based upon the total 9 number of registered 30 voters in the school district at the last preceding general election, 10 within thirty days or two thousand five 31 hundred registered voters of the adoption of the resolution. 11 school district, whichever is fewer. 32 26.237.22 16 1323 Underscores indicate new language. Overstrikes indicate deleted language. The board shall allow sufficient time for the referendum process authorized in this 12 1 section. 13 2 Section 16. 20. That § 7-18A-15.1 be REPEALED. 14 3 Any legislative decision of a board of county commissioners is subject to the 15 4 referendum process. A legislative decision is one that enacts a permanent law or lays 16 5 down a rule of conduct or course of policy for the guidance of citizens or their officers. Any 17 6 matter of a permanent or general character is a legislative decision. 18 7 No administrative decision of a governing body is subject to the referendum 19 8 process, unless specifically authorized by this code. An administrative decision is one that 20 9 merely puts into execution a plan already adopted by the governing body itself or by the 21 10 Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, 22 11 and setting the salaries of employees are administrative decisions. 23 12 Section 17. 21. That § 7-18A-16 be REPEALED. 24 13 A petition to refer an ordinance or resolution subject to referendum may be filed 25 14 with the auditor within twenty days after publication of the ordinance or resolution in the 26 15 last to publish official county newspaper. The filing of the petition requires the submission 27 16 of the ordinance or resolution to a vote of the qualified voters of the county for rejection 28 17 or approval of the ordinance or resolution. 29 18 Section 18. 22. That § 9-20-19 be REPEALED. 19 Any legislative decision of a governing body is subject to the referendum process. 20 A legislative decision is one that enacts a permanent law or lays down a rule of conduct 21 or course of policy for the guidance of citizens or their officers. Any matter of a permanent 22 or general character is a legislative decision. 23 No administrative decision of a governing body is subject to the referendum 24 process, unless specifically authorized by this code. An administrative decision is one that 25 merely puts into execution a plan already adopted by the governing body itself or by the 26 Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, 27 and setting the salaries of employees are administrative decisions. 28 Section 23. That § 13-26-10 be REPEALED. 30 26.237.21 15 29 26.237.22 17 1323 Underscores indicate new language. Overstrikes indicate deleted language. A petition to refer a school board decision may be filed with the business manager 1 of the school district within twenty days after its publication. The filing of the petition shall 2 require the submission of the decision to a vote of the qualified voters of the school district 3 for its rejection or approval. 4 Section 19. 24. That § 13-64-8 be REPEALED. 5 A petition to refer a school board decision pursuant to § 13-64-7 may be filed with 6 the business manager of the school district within twenty days after its publication. The 7 filing of the petition shall require the submission of the decision to a vote of the qualified 8 voters of the school district for its rejection or approval. 9