The amendment reorganized and clarified municipal governance provisions by streamlining the language around mayoral vacancies, mayoral powers including veto authority, eligibility requirements for elected office, and the appointment process for municipal officers—making the rules more concise and precise without substantively altering the bill's core purpose of revising municipal government procedures. The changes NARROW and CLARIFY existing provisions rather than expand or redirect them.
26.636.15 26.636.16 101st Legislative Session 165 2026 South Dakota Legislature Senate Bill 165 Introduced by: Senator Reed Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise certain provisions pertaining to municipal government. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 9-8-2 be AMENDED: 3 9-8-2. If there is a vacancy from any cause in the office of the mayor, the vacancy 4 must be filled by appointment pursuant to a motion supported by a majority vote of all 5 the aldermen,. aldermen. The motion must be made at a meeting of the aldermen held as soon as 6 practicable after the vacancy occurs, to serve. occurs. The individual appointed as the mayor 7 serves until the office is filled by election for the unexpired term at the next annual regular 8 municipal election or by special election as provided in § 9-13-14.2. Until the vacancy is 9 filled, the powers and duties of the mayor are executed by the mayor pro tempore, as 10 provided in § 9-8-13. 11 The president of the council shall serve as the mayor pro tempore until the vacancy 12 in the office of the mayor is filled by appointment or election. In the case of a temporary 13 absence or temporary incapacitation of the president of the council, or a vacancy in the 14 office of the president of the council, the vice president of the council shall serve as the 15 mayor pro tempore until the earliest of the following occurs: 16 (1) The temporary absence or temporary incapacitation of the president of the council 17 concludes; 18 (2) The vacancy in the office president of the council is filled; or 19 (3) The vacancy in the office of the mayor is filled by appointment or election. 20 A resignation by the mayor must be in writing and must specify the effective date 21 of the resignation. A temporary absence or temporary incapacitation of the mayor is not 22 a vacancy in the office of the mayor. 23 Section 2. That § 9-8-3 be AMENDED: 24 26.636.15 26.636.16 2 165 Underscores indicate new language. Overstrikes indicate deleted language. SB165 ENROLLED 9-8-3. The mayor presides at all meetings of the council. The mayor votes only in 1 the case of a tie, except pursuant to § 9-8-10. The mayor performs other duties as may 2 be prescribed by the laws and ordinances, and takes care that the laws and ordinances 3 are faithfully executed. The mayor shall annually, or as may be necessary, give the council 4 information relative to the affairs of the municipality, and recommend for the council's 5 consideration the measures the mayor deems prudent. The mayor may sign or veto any 6 ordinance or resolution passed by the common council. The mayor may veto any part or 7 item of an ordinance or resolution appropriating money as provided in §§ 9-19-10 to 9-8 19-12, 9-19-12, inclusive. 9 Section 3. That § 9-14-2 be AMENDED: 10 9-14-2. Except as otherwise provided, no person may hold any elected municipal 11 office who is not a qualified voter of the municipality and who has not resided therein at 12 least three months next preceding his election or appointment. If the person has resided 13 in an area annexed, pursuant to chapter 9-4, for at least three months, he may hold any 14 municipal office. No person may hold any municipal office who is a defaulter to the 15 municipality. This section does not apply to appointive officers.An An individual is not eligible 16 to hold elective office unless the individual: 17 (1) Is a qualified voter of the municipality, as described in § 12-4-1; and 18 (2) Has resided in the municipality or an area annexed, pursuant to chapter 9-4, for 19 at least three months preceding the individual's election or appointment. 20 Section 4. That § 9-14-3 be AMENDED: 21 9-14-3. Such officers as needed and provided for by ordinance shall be appointed. 22 Each appointive officer of a municipality governed by a mayor and common council shall 23 be appointed by the mayor with the approval of the council, and in other municipalities, 24 each officer shall be appointed by a majority vote of the members elected to the governing 25 body, except as provided in the city manager law and subject to the provisions of the civil 26 service applying to employees, police, and firefighters. Such officers shall be appointed 27 annually or at intervals determined by the governing body.Each municipality may 28 determine, by ordinance, which officers are to be appointed and describe the duties of 29 each appointed officer. 30 Except as provided in chapter 9-10: 31 26.636.15 3 165 Underscores indicate new language. Overstrikes indicate deleted language. (1) In municipalities governed by a mayor and common council, each appointed officer 1 is appointed by the mayor, with the approval of a majority vote of all the members 2 of the common council qualified to serve pursuant to chapter 9-13; and 3 (2) In municipalities that are not governed by a mayor and common council, each 4 appointed officer is appointed by a majority vote of all of the members qualified to 5 serve on the governing body pursuant to chapter 9-13. 6 Each appointed officer may be appointed annually or at intervals determined by 7 the governing body. Except where a property interest arises by written contract, the 8 appointment does not confer any property interest in employment. 9 Section 5. That § 9-14-4 be AMENDED: 10 9-14-4. All appointive officers except the auditor and marshal shall be 11 commissioned by warrant, under the corporate seal, signed by the mayor and auditor. 12 The marshal shall be commissioned by warrant, under the corporate seal, signed by the 13 president of the Board of Trustees and the clerk. The mayor Following appointment and 14 qualification, the municipal finance officer shall issue a certificate of appointment under 15 the seal of the municipality to the auditor each appointed officer. 16 Section 6. That § 9-14-5 be AMENDED: 17 26.636.16 3 165 SB165 ENROLLED 9-14-5. Each appointive appointed municipal officer shall begin discharging the 18 duties of the office as soon as the officer has qualified by filing an oath or affirmation of 19 office in the usual form provided by law, office, as provided in § 3-1-5. The officer shall file the 20 form with the municipal finance officer within ten days after the first meeting of the month 21 following the appointment. The officer shall hold office until the appointment and 22 qualification of a successor, including during any interim term created by a change of form 23 of government. 24 Each elective municipal officer, ifA A municipal officer elected to fill a vacancy, vacancy shall 25 begin discharging the duties of the office as soon as the officer has qualified by filing an 26 oath or affirmation of office in the usual form provided by law, office, as provided in § 3-1-5. The 27 officer shall file the form with the municipal finance officer within ten days after the first 28 meeting of the month following the election. Except as otherwise provided, each officer, 29 if elected for a full term, shall begin discharging the duties of the office on the first meeting 30 of the month next succeeding the election or as soon thereafter as the officer has qualified 31 If the elected officer fails to file the form, a vacancy is created pursuant to § 9-13-28. 32 26.636.15 4 165 Underscores indicate new language. Overstrikes indicate deleted language. Any individual appointed to fill a vacancy for an elective office shall begin 1 discharging the duties of the office as soon as the individual has qualified by filing an oath 2 or affirmation of office, as provided in § 3-1-5. The appointed officer shall file the form 3 with the municipal finance officer within ten days after the appointment. If the appointed 4 officer fails to file the form, a vacancy is created pursuant to § 9-13-28. 5 Section 7. That § 9-14-6 be AMENDED: 6 9-14-6. Each appointive appointed officer, before entering upon the discharge of 7 the duties of the office, shall take and subscribe an oath or affirmation of office, in the 8 form required by the Constitution usual form provided by law. 9 The Each appointed officer shall furnish an undertaking to be approved by the 10 governing body. The undertaking shall be in a sum prescribed by the governing body and 11 shall be conditioned a bond for the faithful performance of the duties of the office and to 12 account, pay over, and deliver all money or property coming into the officer's hands by 13 virtue of that office according to law. office. The governing body shall establish the amount of 14 the bond applicable to each officer annually. The requirement for an individual bond is 15 satisfied if the municipality provides blanket coverage pursuant to § 3-5-14. 16 Section 8. That § 9-14-9 be AMENDED: 17 9-14-9. All undertakings Any bond provided for in §§ § 9-14-6 to 9-14-7, inclusive, 18 shall must be filed, after approval, with the governing body municipal finance officer. 19 Section 9. That § 9-14-10 be AMENDED: 20 9-14-10. The removal of any municipal officer from the ward or municipality for 21 which the officer was elected or appointed, or the officer's failure, within ten days after 22 the first meeting of the month following the election or appointment, to qualify and begin 23 the duties of office, causes a vacancy in the office.An An immediate vacancy is created if any 24 elected municipal officer moves from the district, municipality, or ward for which the officer 25 was elected or appointed to fill the vacancy of the office. 26 26.636.16 4 165 SB165 ENROLLED Section 10. That § 9-14-12 be AMENDED: 27 9-14-12. Except as otherwise provided, any appointive appointed officer of a 28 municipality governed by a board of commissioners or board of trustees may be removed 29 by a majority vote of the all members of such board of the governing body who are 30 26.636.15 5 165 Underscores indicate new language. Overstrikes indicate deleted language. qualified to serve on the governing body by election or appointment pursuant to chapter 1 9-13. 2 Section 11. That § 9-14-13 be AMENDED: 3 9-14-13. In an aldermanic-governed municipality, the mayor, except as otherwise 4 provided, may remove from office any officer appointed by the mayor, if the mayor 5 believes that the interests of the municipality demand such removal. The mayor shall 6 report the reasons for removal to the council at its next regular meeting.In a municipality 7 governed by a mayor and common council pursuant to chapter 9-8, the mayor may 8 remove from office any officer appointed by the mayor, if the mayor believes the removal 9 is in the interest of the municipality. The mayor shall report the reasons for removal to 10 the common council at the next regular meeting. The report may be given in executive 11 session, pursuant to § 1-25-2, but in all cases the fact of the presentation of the report 12 must be placed in the minutes of the meeting. 13 Section 12. That § 9-14-14 be AMENDED: 14 9-14-14. Any municipality may adopt an ordinance establishing a civil service 15 system for its municipal employees, policemen and firemen, and providing for the law 16 enforcement officers, and firefighters, which provides for: 17 (1) The appointment of a civil service board, prescribing its powers, duties and 18 compensation, compensation; and providing for the; and 19 (2) The suspension or removal of any employee, policeman or fireman law 20 enforcement officer, or firefighter for cause,. 21 cause. The decision to suspend or remove any employee, law enforcement officer, or 22 firefighter is subject to review and affirmance, reversal or modification of such action by 23 the civil service board at a hearing before such board of the civil service board, if requested 24 by the employee, policeman or fireman suspended or discharged, at which removed 25 employee, law enforcement officer, or firefighter. At the hearing, the employee, policeman 26 or fireman law enforcement officer, or firefighter is entitled to be present in person or by 27 counsel, which. counsel. The civil service board may affirm, modify, or reverse the suspension or 28 removal. Any final order of the civil service board may be appealed to the circuit court 29 pursuant to chapter 1-26. 30 The ordinance after adoption establishing a civil service system may not be 31 repealed or modified so as to affect the standing of any employee, policeman or fireman 32 under the provisions thereof law enforcement officer, or firefighter, except pursuant to 33 26.636.15 6 165 Underscores indicate new language. Overstrikes indicate deleted language. the negotiation process provided for in chapter 3-18, and which. 3-18. The ordinance 1 establishing a civil service system may be repealed only by an initiated 2 ordinance.However, an 3 ordinance. 26.636.16 5 165 SB165 ENROLLED An employee, policeman or fireman law enforcement officer, or firefighter 4 represented by a labor or employee organization, authorized by chapter 3-18, may not 5 request the civil service board to review any suspension or removal, unless the labor 6 contract covering such the employee, law enforcement officer, or firefighter specifically 7 provides for such review. Any final order of a civil service board may be appealed to the 8 circuit court pursuant to chapter 1-26. 9 Section 13. That § 9-14-15 be AMENDED: 10 9-14-15. Policemen, firemen, and Except as otherwise provided in this section, 11 municipal employees, law enforcement officers, and firefighters appointed under any civil 12 service ordinance and not represented by any labor or employee organization authorized 13 by chapter 3-18 may be removed only pursuant to the provisions of the ordinance. Nothing 14 in this section restricts the Governor's authority, pursuant to § 3-17-3, to remove local 15 law enforcement officers, including those appointed under any civil service ordinance. 16 Officers and employees appointed by a city manager may be removed by him the city 17 manager. 18 Section 14. That § 9-14-16 be AMENDED: 19 9-14-16. No mayor, alderman, commissioner, or trustee Except as otherwise 20 provided in § 9-14-16.1, an elected municipal officer may not hold any other office under 21 position with the municipality while an incumbent of such in office. The term "office" 22 "position" does not include membership on any municipality municipal board, commission, 23 or committee, if the ordinance or resolution establishing the board, commission, or 24 committee specifically includes the mayor, an alderman, commissioner, or trustee elected 25 officer in the membership of the board. No mayor, alderman, commissioner, or trustee 26 An elected officer is not disqualified from holding such office in any municipality as 27 a result of holding any liquor license, holding, or being the spouse of a person an individual holding, 28 any liquor alcoholic beverage license. No mayor, alderman, commissioner, or trustee, 29 license, pursuant to chapter 35-4. An elected officer who is the holder of a liquor license may vote 30 on the issuance or transfer of any such other alcoholic beverage license. No auditor or 31 clerk may hold the office of treasurer under the municipality while an incumbent of such 32 office. 33 26.636.15 7 165 Underscores indicate new language. Overstrikes indicate deleted language. Section 15. That § 9-14-16.1 be AMENDED: 1 9-14-16.1. The provisions of § 9-14-16 do not prohibit any mayor, alderman, 2 commissioner, or trustee elected officer from serving in any other volunteer, unsalaried 3 municipal position or providing any service for a municipality if the compensation for such 4 the service does not exceed five ten thousand dollars per calendar year. The provisions of 5 § 9-14-16 do not prohibit any mayor, alderman, commissioner, or trustee elected officer 6 from receiving compensation in excess of five ten thousand dollars per calendar year for 7 service to a municipal ambulance service in municipalities of the second or third class. 8 Section 16. That § 9-14-17 be AMENDED: 9 26.636.16 6 165 SB165 ENROLLED 9-14-17. The municipal finance officer shall keep an office at a place directed by the 10 governing body. The finance officer shall keep the corporate seal, all papers and 11 records of the municipality, and a record of the proceedings of the governing body, 12 whose meetings the finance officer shall attend. The finance officer shall draw and 13 countersign all warrants on the treasury in pursuance of orders or resolutions of 14 the governing body and keep a full and accurate account of all such warrants in 15 books provided for that purpose. The finance officer shall make or cause to be 16 made estimates of the expenses of any work to be done by the municipality and 17 countersign all contracts made on its behalf and certificates of work authorized by 18 any committee of the governing body or by any municipal officer. However, the 19 finance officer may destroy any record which the records destruction board, acting 20 pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, 21 research, or historical value.A A municipal finance officer shall: 22 (1) Keep an office at a place directed by the governing body; 23 (2) Keep the corporate seal and all documents and records of the municipality; 24 (3) Attend all meetings of the governing body; 25 (4) Keep a record of the proceedings of the governing body; 26 (5) Draw and countersign all warrants on the treasury pursuant to orders or resolutions 27 of the governing body; 28 (6) Except as provided in chapter 9-10, supervise the accounting system for all 29 departments and offices of the municipality in accordance with the 30 recommendations of the Department of Legislative Audit; 31 (7) Keep a full and accurate account of all warrants in book or electronic format; 32 (8) Cause estimates to be provided for the expense of any work to be done by the 33 municipality; 34 (9) Keep a list of all certificates issued for work or any other purpose; 35 26.636.15 8 165 Underscores indicate new language. Overstrikes indicate deleted language. (10) Countersign all contracts and certificates of work authorized by the governing 1 body, unless the contract is approved by: 2 (a) Any municipal board with authority to approve contracts by statute or by 3 ordinance; or 4 (b) Any municipal officer with authority to approve contracts pursuant to a 5 spending policy adopted by the governing body of the municipality; 6 (11) Keep regular accounts of all indebtedness of the municipality, which show at all 7 times the financial condition of the municipality; 8 (12) Countersign and keep accurate account of bonds, warrants, certificates, or other 9 evidence of indebtedness issued or redeemed by the governing body, and the 10 amount of each that is outstanding; 11 (13) Record the amount, purpose, and recipient of any bond, warrant, or other evidence 12 of indebtedness of the municipality; 13 (14) Keep an account with all receiving and disbursing officers of the municipality, 14 showing the amount received from the different sources of revenue and the amount 15 that was disbursed under the direction of the governing body; 16 (15) Audit and adjust all claims and demands against the municipality before they are 17 allowed by the governing body; 18 (16) Keep a record of the finance officer's acts and doings; and 19 (17) Perform other duties as may be required by ordinance, resolution, or direction of 20 the governing body. 21 26.636.16 7 165 SB165 ENROLLED The governing body may determine which duties, if any, a municipal finance officer 22 may not delegate to an employee under the supervision of the municipal finance officer. 23 The municipal finance officer may destroy any record of the municipality in a 24 manner consistent with chapter 1-27 or other applicable law. 25 Section 17. That § 9-14-22 be AMENDED: 26 9-14-22. When required by the governing body or any officer of the first and 27 second class municipality, the Except to the extent inconsistent with § 16-18-A, the city 28 attorney shall furnish shall: 29 (1) Furnish an opinion upon any matter relating to the affairs of the municipality or the 30 official duties of such officer; conduct municipal officers; 31 (2) Conduct the prosecution of all actions or proceedings arising out of the violation of 32 any ordinance; and perform such 33 26.636.15 9 165 Underscores indicate new language. Overstrikes indicate deleted language. (3) Perform any other professional services incident to his office as may be as required 1 by ordinance or directed by the governing body. 2 Section 18. That § 9-14-23 be AMENDED: 3 9-14-23. The governing body of any municipal corporation A municipality may 4 contract for legal services or employ an attorney under such terms and conditions as the 5 governing body shall deem proper. Any contract for legal services with an attorney shall 6 be made by ordinance or resolution. Such contract shall set forth the compensation to be 7 paid and the specific services to be rendered to provide legal services for the municipality. 8 Section 19. That § 9-14-24 be AMENDED: 9 9-14-24. If a A municipality chooses to may contract with or employ or retain a 10 person to serve as a city engineer, the city engineer shall who must be a licensed 11 professional engineer under chapter 36-18A. If the city engineer is not also licensed as a 12 land surveyor under chapter 36-18A, the city engineer shall must delegate any duties that 13 are defined in chapter 36-18A as the practice of land surveying to a licensed land surveyor. 14 The governing body shall, by ordinance or agreement contract, prescribe the duties 15 and fix the compensation of the city engineer. 16 All surveys, profiles, plans, or and estimates made by the city engineer for the 17 municipality are the property of the municipality and shall, municipality, must be carefully preserved in 18 the municipality's office or the office of the city engineer, and are open to public inspection. 19 Section 20. That § 9-14-26 be AMENDED: 20 9-14-26. Any peace law enforcement officer of any a municipality which that is 21 situated in more than one county may serve and execute any civil or criminal process 22 within any of the counties in which such the municipality is situated. 23 26.636.16 8 165 SB165 ENROLLED Section 21. That § 9-14-27 be AMENDED: 24 9-14-27. The A governing body may prescribe by ordinance additional duties to 25 be performed by any appointed municipal officer not inconsistent with the laws of this 26 state. 27 Section 22. That § 9-14-29 be AMENDED: 28 26.636.15 10 165 Underscores indicate new language. Overstrikes indicate deleted language. 9-14-29. Every chief of police or other policeman, On or before the last day of 1 each month, each law enforcement officer receiving a salary for his services, shall account 2 for and pay over on or before the end of each month to the treasurer from the municipality 3 shall provide and remit to the municipal finance officer an itemized account and receipts 4 for all fees received by him the officer in the service of any civil process, taking a receipt 5 therefor and filing an itemized account thereof with the auditor or clerk. 6 process. Section 23. That § 9-14-30 be AMENDED: 7 9-14-30. The municipalities of the State of South Dakota and their several offices, 8 boards, and departments may, in their discretion, Any municipality may provide, either 9 by self insurance, or by purchase from private companies self-insurance or contract, group 10 life, health, and accident insurance, or any one or more of such insurance risks 11 combination of coverage, for their respective employees and officers of the municipality, 12 and the immediate families of such the employees and officers, as the terms "employee" 13 and "officer" are defined in § 9-14-31. Such accident. officers. Accident insurance applies only if 14 benefits under the worker's compensation law are not applicable. 15 Section 24. That § 9-14-33 be AMENDED: 16 9-14-33. Authority and power is hereby given to said employees or officers to 17 direct the municipalities of the State of South Dakota covered hereby to pay A municipality 18 may deduct out of the salary or wages of such municipal employees or officers the amount 19 of their participation in the cost of insurance provided pursuant to § 9-14-30. 20 Section 25. That § 9-14-35.1 be AMENDED: 21 9-14-35.1. Any health insurance plan or policy provided by a municipality for 22 municipal officers and employees and other persons pursuant to §§ 9-14-30 and 9-14-35 23 may include the use of flexible spending accounts, which may include payment or 24 reimbursement accounts that may be paid or reimbursed through the use of debit cards, direct 25 deposit to financial institutions, by check, or a combination of these. 26 Section 26. That § 9-14-36 be AMENDED: 27 9-14-36. The governing body of any municipal corporation in this state is hereby 28 empowered and authorized to enter into insurance contracts for the protection and benefit 29 of its employees and such insurance contracts may be in the form of group life insurance, 30 26.636.15 11 165 Underscores indicate new language. Overstrikes indicate deleted language. of any municipality may provide for salary saving, saving or retirement annuities. A municipal 1 corporation entering into any such insurance contracts is authorized to, annuities, and may deduct 2 from the salary or wages of such any employee protected by such insurance contract or 3 contracts, his or her, employee, included in the life insurance, salary sharing, or retirement annuity 4 plan, the pro rata share of the cost of such the insurance, and pay the premium for such 5 the insurance out of the funds so deducted. Discretion is vested in the governing deducted moneys. 6 26.636.16 9 165 SB165 ENROLLED The governing body to may determine what which particular class or group of employees 7 shall be is protected by such the insurance contracts. Provided, contracts, provided that when such 8 the class or group has been determined, no an insurance contracts shall contract may not 9 be made or entered into without the consent of at least sixty percent of such the class or 10 group. 11 Section 27. That § 9-14-37 be AMENDED: 12 9-14-37. It is a Class 2 misdemeanor for any member of the governing body or 13 other municipal elected or appointed officer or employee to commit a palpable omission 14 of duty or to intentionally commit oppression, misconduct, or malfeasance in the discharge 15 of the official duties of his office. duties. Upon conviction of a violation of this section, the court 16 in which such conviction is had may in its discretion may enter an order removing the 17 member of the governing body or other officer so convicted elected or appointed officer 18 or employee from his the municipal office or position. 19 Section 28. That § 9-14-39 be AMENDED: 20 9-14-39. Any person having been an officer of any municipality shall, within Within 21 five days after demand, leaving office, an officer of a municipality shall deliver to his the 22 officer's successor in office all books, property, and effects of every description in his 23 possession belonging to the municipality or pertaining to his the office. Upon refusal so to 24 do he shall be A former officer in violation of this section is personally liable for all the 25 damages caused thereby and to such by the violation, any additional penalties as may be 26 prescribed by ordinance, and associated reasonable attorney fees and costs related to the 27 violation. The municipality may also obtain injunctive relief from the court. 28 Section 29. That § 9-14-42 be AMENDED: 29 9-14-42. Each person over eighteen years of age A municipality may require each 30 individual seeking employment with a municipality shall to submit, subject to the 31 26.636.15 12 165 Underscores indicate new language. Overstrikes indicate deleted language. discretion of the municipality, submit to a state and federal criminal background investigation by 1 means of fingerprint checks by the South Dakota Division of Criminal Investigation and 2 the Federal Bureau of Investigation. The municipality may submit completed fingerprint 3 cards to the Division of Criminal Investigation before the prospective new employee enters 4 into service. Upon completion of the state and federal criminal background check, the 5 Division of Criminal Investigation shall forward to the municipality all information obtained 6 as a result of the check. Failure to submit to or cooperate with the criminal background 7 investigation is grounds for denial of an application employment. 8 Section 30. That § 9-14-43 be AMENDED: 9 9-14-43. The hours of employment of full-time employees of city municipal fire 10 departments are governed by mutual agreements with the respective municipal 11 corporations. The hours of employment for any such employee municipal policy or 12 contract, but may not exceed two 26.636.16 10 165 SB165 ENROLLED hundred twelve hours during a twenty-eight-day work 13 period or two hundred four hours during a twenty-seven-day work period, as determined 14 by mutual agreement, unless the employee is paid additional compensation or is allowed 15 compensatory time off. 16 Section 31. That § 9-18-2 be AMENDED: 17 9-18-2. Every municipal officer shall keep a record of the official acts and 18 proceedings of his office, and such record shall be open to public inspection during 19 business hours under reasonable restrictions.Except Except as otherwise provided by law, records 20 of the official acts and proceedings of municipal officers are subject to disclosure as 21 provided in chapter 1-27. 22 Section 32. That § 9-18-3 be AMENDED: 23 9-18-3. Copies of all papers filed in the office of the auditor or clerk and transcripts 24 of all records of the governing body certified by him under the corporate seal are 25 admissible in evidence the same as the originals thereof. Such original papers or records 26 or such copies or transcripts thereof are prima facie evidence of the facts stated 27 therein.The The following documents, if certified by the municipal finance officer under the 28 corporate seal, are admissible in evidence the same as the originals: 29 (1) Copies of all papers filed in the office of the municipal finance officer; and 30 (2) Transcripts of all records of the governing body. 31 26.636.15 13 165 Underscores indicate new language. Overstrikes indicate deleted language. These documents are prima facie evidence of the facts stated therein. 1 Section 33. That § 9-19-1 be AMENDED: 2 9-19-1. The word "ordinance" as used in this title shall Terms in this title mean: 3 (1) "Ordinance," a permanent legislative act of the governing body of a municipality 4 within the limits of its powers. 5 The word "resolution" as used in this title shall mean; municipality; and 6 (2) "Resolution," any determination, decision, or direction of the governing body of a 7 municipality directive, or other act of a special or temporary character, of the 8 governing body of a municipality, for the purpose of initiating, effecting, or carrying 9 out its the body's administrative duties and functions under the laws and 10 ordinances governing the municipality. 11 Section 34. That § 9-19-3 be AMENDED: 12 9-19-3. Every municipality may enact, make, amend, revise, or repeal all such 13 ordinances, resolutions, and regulations as may be proper and necessary to carry into 14 effect the powers granted thereto, and to provide for the punishment of each violation 15 thereof by a fine not to exceed the fine established by subdivision 22-6-2(2), by 16 imprisonment not exceeding thirty days, or by both the fine and imprisonment.A 17 A municipality may amend, enact, repeal, or revise ordinances and resolutions to exercise 18 the authorized powers of the municipality. The municipality may seek injunctive relief and 19 establish penalties for violations of ordinances and resolutions, not exceeding those 20 specified in subdivision 22-6-2(2). 21 Section 35. That § 9-19-3.1 be AMENDED: 22 9-19-3.1. In the a prosecution for the violation of any municipal ordinance which 23 or resolution that authorizes a criminal penalty of a jail sentence, the municipality must 24 prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. 25 The proceedings shall be commenced by complaint naming the first or second class 26 municipality as plaintiff, and the response thereto shall be by either oral plea or written 27 answer. The defendant shall be entitled, by making demand therefor at any time before 28 the commencement of trial, to trial by jury in the event the defendant is subject to any 29 jail sentence. Except as provided in this section the proceedings shall be governed by the 30 26.636.15 14 165 Underscores indicate new language. Overstrikes indicate deleted language. rules of civil procedure, penalty, the proceedings are governed by the procedures set forth in title 1 23A. 2 26.636.16 11 165 SB165 ENROLLED Section 36. That § 9-19-5 be AMENDED: 3 9-19-5. An ordinance must embrace but may only contain one subject which shall, 4 subject, which must be expressed in its the title. 5 Section 37. That § 9-19-7 be AMENDED: 6 9-19-7. The title of all ordinances shall any ordinance must be read twice with at 7 least five days intervening between the first and second reading. The ordinance shall must 8 be signed: 9 be: (1) Signed by the mayor or, mayor, mayor pro tempore, acting mayor, or president of the 10 Board of Trustees, filed board of trustees; 11 (2) Filed with the auditor or clerk, and published once except that an ordinance 12 incorporating and adopting comprehensive regulations or a code promulgated, 13 approved, and published by a recognized and established national organization 14 prescribing building, electrical, plumbing, safety, fire, or health regulations need 15 not be published in a newspaper, but upon adoption of such an ordinance the 16 auditor or clerk shall publish a notice of the fact of adoption once a week for two 17 successive weeks in the official newspaper, and twenty days after the completed 18 publication of such notice, unless the referendum shall have been invoked, such 19 ordinance shall become effective municipal finance officer; and 20 (3) Published once in the official newspaper. 21 Section 38. That § 9-19-8 be AMENDED: 22 9-19-8. Any resolution may be passed after one reading, and shall must be 23 recorded at length in the minutes of the meeting at which it is passed, with a statement 24 of the number of votes for and against it. Such resolution shall be published in full either, 25 recorded, entirely, together with the number of votes for and against the resolution, either as part 26 of the minutes of the meeting at which the resolution passed, or separately. 27 Section 39. That § 9-19-9 be AMENDED: 28 26.636.15 15 165 Underscores indicate new language. Overstrikes indicate deleted language. 9-19-9. The final vote upon all ordinances upon the second reading and to pass 1 the same over any veto shall to adopt an ordinance must be taken by yeas and nays and 2 orally or by roll call, with the results entered upon into the minutes of the meeting. 3 Section 40. That § 9-19-10 be AMENDED: 4 9-19-10. The Except as otherwise provided in this section, a mayor in any 5 municipality with a common council may veto any ordinance or resolution operating under 6 the aldermanic form pursuant to chapter 9-8 may exercise the veto power granted by § 9-7 8-3, 9-8-3, by filing a written objection with the finance officer within ten days after its passage. 8 The veto may extend to any one or more items contained in an ordinance or resolution 9 making an appropriation or to the entire ordinance or resolution. If the veto only extends 10 to a part of such If only part of an ordinance or resolution making an appropriation is 11 vetoed, the remainder shall must take effect. 12 The mayor may not veto any ordinance or resolution necessary for the immediate 13 preservation of the public peace, health, safety, or support of the municipal government 14 and its existing institutions if the ordinance or resolution: 15 (1) Is passed by a two-thirds vote of all the aldermen qualified to serve by election or 16 appointment pursuant to chapter 9-13; and 17 26.636.16 12 165 SB165 ENROLLED (2) States on its face that the ordinance or resolution is necessary for the immediate 18 preservation of the public peace, health, safety, or support of the municipal 19 government. 20 Section 41. That § 9-19-11 be AMENDED: 21 9-19-11. If the a mayor vetoes any ordinance, resolution, or other item exercises 22 veto power pursuant to § 9-19-10, the municipal finance officer shall must present the 23 ordinance, resolution, or other vetoed item, together with the mayor's written objection, 24 for reconsideration at the next meeting of the common council and it may be reconsidered. 25 council. If at that meeting the ordinance or resolution is passed by a two-thirds vote of the 26 aldermen, it shall be aldermen qualified to serve by election or appointment pursuant to chapter 9-27 13, 9-13, the ordinance or resolution must: 28 (1) Be published, together with a statement of the votes for and against the ordinance 29 or resolution; and become 30 (2) Become effective, notwithstanding the mayor's disapproval veto, unless suspended 31 by referendum. 32 26.636.15 16 165 Underscores indicate new language. Overstrikes indicate deleted language. Section 42. That § 9-19-12 be AMENDED: 1 9-19-12. If the mayor fails to sign any ordinance or resolution or file written 2 objections thereto within ten days after its passage, the ordinance or resolution shall: 3 resolution: (1) Must be published; and become a 4 (2) Becomes law without the mayor's signature. 5 This section does not apply to any ordinance or resolution necessary for the 6 immediate preservation of the public peace, health, safety, or support of the municipal 7 government and its existing institutions if the ordinance or resolution: 8 (1) Is passed by a two-thirds vote of all the aldermen qualified to serve by election or 9 appointment pursuant to chapter 9-13; and 10 (2) States on its face that the ordinance or resolution is necessary for the immediate 11 preservation of the public peace, health, safety, or support of the municipal 12 government. 13 Section 43. That § 9-19-13 be AMENDED: 14 9-19-13. Except such resolutions or ordinances as may be necessary for the 15 immediate preservation of the public peace, health, or safety, or support of the municipal 16 government and its existing public institutions, or which provide for an election or for 17 hearing on an improvement or assessment or which call for bids, which take effect upon 18 the passage and publication thereof, every Except as otherwise provided in this section, 19 every resolution or ordinance passed by the governing body shall take takes effect on the 20 twentieth day after its publication, unless suspended by operation of a referendum. 21 An ordinance or resolution may take effect immediately if it: 22 26.636.16 13 165 SB165 ENROLLED (1) Is necessary for the immediate preservation of the public peace, health, safety, or 23 support of the municipal government and its existing institutions; 24 (2) Is not subject to referendum pursuant to § 9-20-19; or 25 (3) Provides for an election or hearing on an improvement or assessment or calls for 26 bids. 27 Section 44. That § 9-19-14 be AMENDED: 28 9-19-14. After an ordinance takes effect, the auditor or clerk municipal finance 29 officer shall record the same together with ordinance and a certificate of the date of its 30 publication in a book to be known as the "Ordinance Book," "ordinance book," and file the 31 affidavit of publication with the original ordinance. 32 26.636.15 17 165 Underscores indicate new language. Overstrikes indicate deleted language. Section 45. That § 9-19-14.1 be AMENDED: 1 9-19-14.1. If a municipality posts the ordinance book or any part of the book on 2 the municipality's official website, the municipality shall must make reasonable efforts to 3 ensure the most current version of the ordinance book or any part of the book is posted, 4 provided that the official version of the municipality's ordinances is the ordinance book 5 referenced in § 9-19-14. 6 Section 46. That § 9-19-15 be AMENDED: 7 9-19-15. Every A municipality may compile the municipal ordinances, without 8 revision or amendment, for publication in ordinance book or codified form. The compilation 9 shall be codification is effective without publication as required for ordinances. 10 The municipal auditor or clerk shall furnish a free copy of the book to the circuit 11 clerk of court and the county law library of each county in which the municipality is 12 situated. 13 Section 47. That § 9-19-16 be AMENDED: 14 9-19-16. Every municipality shall have the power to revise the ordinances as 15 provided herein. The governing body of any municipality may, not oftener more than once 16 every five years may, years, appoint a committee of one or more competent persons to prepare 17 and submit for its consideration an ordinance in revision of revising the ordinances of the 18 municipality. 19 Section 48. That § 9-19-17 be AMENDED: 20 9-19-17. Upon the adoption of an ordinance which revises revising the ordinances 21 of the a municipality by the governing body, the auditor or clerk shall municipal finance 22 officer must publish a notice of the adoption of the revised ordinances once in the official 23 newspaper. Twenty days after the completed publication of the notice, unless the 24 referendum is invoked, the ordinance shall become becomes effective without publication 25 of the revised ordinance book in a newspaper. 26 The governing body may publish the revised ordinances in book form. The auditor 27 or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk 28 of court and the county law library of each county in which the municipality is situated. 29 26.636.16 14 165 SB165 ENROLLED Section 49. That § 9-19-18 be AMENDED: 30 26.636.15 18 165 Underscores indicate new language. Overstrikes indicate deleted language. 9-19-18. An original ordinance or resolution, the record or a certified copy thereof 1 of the record, or any compilation or revision of ordinances purporting to be printed under 2 the authority of the municipality are admissible in evidence without further proof. 3 Section 50. That a NEW SECTION be added to chapter 9-19: 4 An ordinance incorporating and adopting comprehensive regulations or a code 5 promulgated, approved, and published by a recognized and established national 6 organization prescribing building, electrical, plumbing, safety, fire, or health regulations 7 need not be published in its entirety in a newspaper. Upon adoption or amendment of the 8 ordinance, the municipal finance officer must publish a notice of the fact of adoption or 9 amendment once a week for two successive weeks in the official newspaper. The ordinance 10 becomes effective twenty days after the completed publication of the notice, unless 11 referendum is invoked. The publication procedures provided in this section apply whether 12 or not a municipality has modified the comprehensive regulations or codes during the 13 adoption or amendment process. 14 Section 51. That a NEW SECTION be added to chapter 9-19: 15 Upon request of the circuit clerk of court or law library of the county in which a 16 municipality is situated, the municipal finance officer must choose one of the following 17 forms to make available, for free, to the requesting clerk or library: 18 (1) A physical copy of the ordinance book; 19 (2) A link to the electronic compilation of the ordinance book; or 20 (3) An electronic copy of the codification. 21 Section 52. That § 10-33A-18 be AMENDED: 22 10-33A-18. If a corporation, limited liability company, limited partnership, limited 23 liability partnership, or limited liability limited partnership subject to the gross receipts tax 24 under this chapter fails for any reason to file the required returns or to pay the tax due, 25 any of the corporate officers, member-managers or managers of limited liability 26 companies, or partners of partnerships that control, supervise, or are charged with the 27 responsibility of filing the returns or remitting tax payments are personally liable for the 28 failure. The dissolution of a corporation, limited liability company, limited partnership, 29 limited liability partnership, or limited liability limited partnership does not discharge an 30 officer, member-manager, manager, or partner's liability for a prior failure of the 31 26.636.15 19 165 Underscores indicate new language. Overstrikes indicate deleted language. corporation, limited liability company, limited partnership, limited liability partnership, or 1 limited liability limited partnership to file a return or remit the tax due. The sum due for 2 such a the liability may be assessed and collected as provided by law. 3 If the responsible corporate officers, limited liability company member-managers, 4 managers, or partners elect not to be personally liable for the failure to file the required 5 returns or to pay the tax due, the corporation, limited liability company, limited 6 partnership, limited liability partnership, or limited liability limited partnership shall must 7 provide the department with a surety bond or certificate of deposit as security for payment 8 of any tax that may become due. The bond or certificate of deposit provided for in this 9 section shall must be in an amount equal to the estimated annual gross receipts multiplied 10 by the applicable sales or gross receipts tax rate. This section does not apply to elected 11 or appointed officials of a municipality, if bonded pursuant to §§ 9-14-6 and 9-14-6.1. 12 Section 53. That § 10-45-55 be AMENDED: 13 10-45-55. If a corporation, limited liability company, limited partnership, limited 14 liability partnership, or limited liability limited partnership subject to tax under this chapter 15 fails for any reason to file the required returns or to pay the tax due, any of the corporate 16 officers, member-managers or managers of limited liability companies, or partners of 17 partnerships that control, supervise, or are charged with the responsibility of filing the 18 returns or remitting tax payments shall be are personally liable for the failure. The 19 dissolution of a corporation, limited liability company, limited partnership, limited liability 20 partnership, or limited liability limited partnership does not discharge an 26.636.16 15 165 SB165 ENROLLED officer, member-21 manager, member-manager, manager, or partner's liability for a prior failure of the corporation, limited 22 liability company, limited partnership, limited liability partnership, or limited liability 23 limited partnership to file a return or remit the tax due. The sum due for such a the liability 24 may be assessed and collected as provided by law. 25 If the responsible corporate officers, limited liability company member-managers or member-managers, managers, 26 or partners elect not to be personally liable for the failure to file the required returns or to 27 pay the tax due, the corporation, limited liability company, limited partnership, limited 28 liability partnership, or limited liability limited partnership shall must provide the 29 Department of Revenue department with a surety bond or certificate of deposit as security for payment 30 of any tax that may become due. The bond or certificate of deposit provided for in this 31 section shall must be in an amount equal to the estimated annual gross receipts multiplied 32 by the applicable sales or excise gross receipts tax rate. This section does not apply to elected or 33 appointed officials of a municipality, if bonded pursuant to §§ 9-14-6 and 9-14-6.1. 34 26.636.15 20 165 Underscores indicate new language. Overstrikes indicate deleted language. § 9-14-6. Section 54. 53. That § 10-46-47.1 10-45-55 be AMENDED: 1 10-46-47.1. 10-45-55. If a corporation, limited liability company, limited partnership, limited 2 liability partnership, or limited liability limited partnership subject to tax under this chapter 3 fails for any reason to file the required returns or to pay the tax due, any of the corporate 4 officers, member-managers or managers of limited liability companies, or partners of 5 partnerships that control, supervise, or are charged with the responsibility of filing the 6 returns or remitting tax payments shall be are personally liable for the failure. The 7 dissolution of a corporation, limited liability company, limited partnership, limited liability 8 partnership, or limited liability limited partnership does not discharge an officer, member-9 manager, member-manager, manager, or partner's liability for a prior failure of the corporation, limited 10 liability company, limited partnership, limited liability partnership, or limited liability 11 limited partnership to file a return or remit the tax due. The sum due for such a the liability 12 may be assessed and collected as provided by law. 13 If the corporate officers, limited liability company member-managers or managers, 14 or partners elect not to be personally liable for the failure to file the required returns or to 15 pay the tax due, the corporation, limited liability company, limited partnership, limited 16 liability partnership, or limited liability limited partnership shall must provide the 17 Department of Revenue with a surety bond or certificate of deposit as security for payment 18 of any tax that may become due. The bond or certificate of deposit provided for in this 19 section shall must be in an amount equal to the estimated annual gross receipts multiplied 20 by the applicable 26.636.16 16 165 SB165 ENROLLED sales or excise tax rate. This section does not apply to elected or 21 appointed officials, officials of a municipality, if bonded pursuant to §§ 9-14-6 and 9-14-6.1. 22 § 9-14-6. Section 55. 54. That § 10-46A-13 10-46-47.1 be AMENDED: 23 10-46A-13. 10-46-47.1. If a corporation, limited liability company, limited partnership, limited 24 liability partnership, or limited liability limited partnership subject to tax under this chapter 25 fails for any reason to file the required returns or to pay the tax due, any of the corporate 26 officers, member-managers or managers of limited liability companies, or partners of 27 partnerships that control, supervise, or are charged with the responsibility of filing the 28 returns or remitting tax payments shall be are personally liable for the failure. The 29 dissolution of a corporation, limited liability company, limited partnership, limited liability 30 partnership, or limited liability limited partnership does not discharge an officer, member-31 manager, member-manager, manager, or partner's liability for a prior failure of the corporation, limited 32 liability company, limited partnership, limited liability partnership, or limited liability 33 26.636.15 21 165 Underscores indicate new language. Overstrikes indicate deleted language. limited partnership to file a return or remit the tax due. The sum due for such a the liability 1 may be assessed and collected as provided by law. 2 If the corporate officers, limited liability company member-managers or managers, 3 or partners elect not to be personally liable for the failure to file the required returns or to 4 pay the tax due, the corporation, limited liability company, limited partnership, limited 5 liability partnership, or limited liability limited partnership shall must provide the 6 Department of Revenue with a surety bond or certificate of deposit as security for payment 7 of any tax that may become due. The bond or certificate of deposit provided for in this 8 section shall must be in an amount equal to the estimated annual gross receipts multiplied 9 by the applicable sales or excise tax rate. This section does not apply to elected or 10 appointed officials of a municipality, officials, if bonded pursuant to §§ 9-14-6 and 9-14-6.1. 11 § 9-14-6. Section 56. 55. That § 10-46B-11 10-46A-13 be AMENDED: 12 10-46B-11. 10-46A-13. If a corporation, limited liability company, limited partnership, limited 13 liability partnership, or limited liability limited partnership subject to tax under this chapter 14 fails for any reason to file the required returns or to pay the tax due, any of the corporate 15 officers, member-managers or managers of limited liability companies, or partners of 16 partnerships that control, supervise, or are charged with the responsibility of filing the 17 returns or remitting tax payments shall be are personally liable for the failure. The 18 dissolution of a corporation, limited liability company, limited partnership, limited liability 19 partnership, or limited liability limited partnership does not discharge an officer, member-20 manager, member-manager, 26.636.16 17 165 SB165 ENROLLED manager, or partner's liability for a prior failure of the corporation, limited 21 liability company, limited partnership, limited liability partnership, or limited liability 22 limited partnership to file a return or remit the tax due. The sum due for such a the liability 23 may be assessed and collected as provided by law. 24 If the corporate officers, limited liability company member-managers or managers, 25 or partners elect not to be personally liable for the failure to file the required returns or to 26 pay the tax due, the corporation, limited liability company, limited partnership, limited 27 liability partnership, or limited liability limited partnership shall must provide the 28 Department of Revenue with a surety bond or certificate of deposit as security for payment 29 of any tax that may become due. The bond or certificate of deposit provided for in this 30 section shall must be in an amount equal to the estimated annual gross receipts multiplied 31 by the applicable sales or excise tax rate. This section does not apply to elected or 32 appointed officials of a municipality, if bonded pursuant to § 9-14-6. Section 56. That § 10-46B-11 be AMENDED: 10-46B-11. If a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of the corporate officers, member-managers or managers of limited liability companies, or partners of partnerships that control, supervise, or are charged with the responsibility of filing the returns or remitting tax payments are personally liable for the failure. The dissolution of a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership does not discharge an officer, member-manager, manager, or partner's liability for a prior failure of the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership to file a return or remit the tax due. The sum due for the liability may be assessed and collected as provided by law. If the corporate officers, limited liability company member-managers or managers, or partners elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership must provide the Department of Revenue with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section must be in an amount equal to the estimated annual gross receipts multiplied by the applicable 26.636.16 18 165 SB165 ENROLLED sales or excise tax rate. This section does not apply to elected or appointed officials of a municipality if bonded pursuant to §§ 9-14-6 and 9-14-6.1. 33 26.636.15 22 165 Underscores indicate new language. Overstrikes indicate deleted language. § 9-14-6. Section 57. That § 23A-1-1 be AMENDED: 1 23A-1-1. This title shall govern governs the procedure to be used in the courts of 2 this state in all criminal proceedings and in all proceedings any: 3 (1) Criminal proceeding; and 4 (2) Prosecution for violations of ordinances and bylaws of units the violation of an 5 ordinance, resolution, or the bylaws of a unit of local government of this state, 6 which authorizes a criminal penalty. 7 Section 58. That § 9-14-6.1 be REPEALED. 8 The amount of the bond of the municipal finance officer shall be annually 9 established by the governing board in an amount equal to the maximum monetary total 10 estimated to be on hand at any one time, but the amount of such bond required may not 11 exceed two hundred fifty thousand dollars in municipalities of the first class or one hundred 12 fifty thousand dollars in municipalities of the second or third class. 13 Section 59. That § 9-14-7 be REPEALED. 14 In third class municipalities the clerk, director of equalization, treasurer, and 15 marshal, within ten days after the first meeting of the month following the election or 16 appointment, shall take and subscribe an oath or affirmation of office in the form required 17 by the Constitution and furnish an undertaking to be approved by the Board of Trustees 18 in such sum as it shall direct. 19 Section 60. That § 9-14-18 be REPEALED. 20 The municipal finance officer shall keep regular books of account in which shall be 21 entered all indebtedness of the municipality, and which shall at all times show the financial 22 condition of the municipality, the amount of bonds, warrants, certificates, or other 23 evidences of indebtedness issued by the governing body, and the amounts of all bonds, 24 warrants, certificates, or other evidences of indebtedness which have been redeemed and 25 the amount of each outstanding. 26 The finance officer shall countersign all bonds, warrants, or other evidences of 27 indebtedness of the municipality and keep accurate accounts of each, stating to whom 28 and for what purpose issued and the amount of the bond, warrant, or other evidence of 29 indebtedness of the municipality. The finance officer shall keep an account with all 30 receiving and disbursing officers of the municipality, showing the amount received from 31 26.636.15 23 165 Underscores indicate new language. Overstrikes indicate deleted language. the different sources of revenue and the amount which was disbursed under the direction 1 of the governing body. However, the finance officer may destroy any record which the 2 records destruction board, acting pursuant to § 1-27-19, declares to have no further 3 administrative, legal, fiscal, research, or historical value. 4 Section 61. That § 9-14-19 be REPEALED. 5 The municipal finance officer shall supervise the accounting system for all 6 departments and offices of the municipality in accordance with the recommendations of 7 the Department of Legislative Audit except that for those municipalities administered 8 under the city manager form of government, the supervision is by the city manager. 9 Section 62. That § 9-14-20 be REPEALED. 10 The municipal finance officer shall keep a list of all certificates issued for work or 11 any other purpose. Before the levy by the governing body of any special tax, the finance 12 officer shall, unless that duty is performed by the engineer, report to the governing body 13 a schedule of all lots that are subject to the proposed special tax or assessment and the 14 amount of the special tax or assessment. The schedule shall be verified by the finance 15 officer's affidavit. 16 Section 63. That § 9-14-21 be REPEALED. 17 The municipal finance officer shall examine all reports, books, papers, vouchers, 18 and accounts of the treasurer; audit and adjust all claims and demands against the 19 municipality before they are allowed by the governing body; and keep a record of the 20 finance officer's acts and doings. The finance officer shall keep a book in which the finance 21 officer shall enter all contracts. The book shall include an index to the contracts and shall 22 be open to the inspection of all parties interested. The finance officer shall perform such 23 other duties as may be required by ordinance, resolution, or direction of the governing 24 body. However, the finance officer may destroy any record which the Records Destruction 25 Board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, 26 fiscal, research, or historical value. 27 Section 64. That § 9-14-31 be REPEALED. 28 The term "employee" is defined to include all persons who receive more than fifty 29 percent of all compensation for personal services, rendered to the State of South Dakota, 30 26.636.15 24 165 Underscores indicate new language. Overstrikes indicate deleted language. or to any of its governmental subdivisions, or to any of the several offices, boards, and 1 departments thereof. The term "officer" is defined to include all appointive and elective 2 officers of the municipalities of the State of South Dakota, or of the several offices, boards, 3 and departments thereof, whose official duties, as such officers, require not less than 4 one-half of their time. 5 Section 65. That § 9-14-32 be REPEALED. 6 Municipalities of the State of South Dakota are hereby authorized to appropriate 7 the necessary funds for the cost of all or any portion of the insurance provided for by § 9-8 14-30. 9 Section 66. That § 9-19-22 be REPEALED. 10 A municipality may not adopt, enforce, or maintain an ordinance, order, or rule for 11 26.636.16 19 165 SB165 ENROLLED An Act to revise certain provisions pertaining to municipal government. I certify that the purpose of making payments to an individual under a guaranteed income program. If 12 a municipality fails to comply with the order, the attorney general must bring an action attached Act originated in 13 the name the: Senate as Bill No. 165 Secretary of the state Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 165 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for injunctive relief against a municipality that has adopted an 14 ordinance, order, rule, or program in violation the Governor The attached Act is hereby approved this ________ day of this section. 15 For ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the purposes Secretary of this section, the term "guaranteed income program" means a 16 plan funded or administered by the government under which an individual is provided with 17 regular, unconditional cash payments to be used for any purpose by the individual. The 18 term does not include a program under which an individual is required to seek 19 reemployment as a condition State Filed ____________, 2026 at _________ o'clock __M. Secretary of any payments, perform work, or attend training. 20 State By Asst. Secretary of State