25.590.20 100th Legislative Session 167
2025 South Dakota Legislature
Senate Bill 167
ENROLLED
AN ACT
ENTITLED An Act to revise certain provisions pertaining to municipal government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-6-1 be AMENDED:
9-6-1. If a municipality has a population of less than two hundred fifty, the owners
of a majority of the real property in the municipality, both in area and assessed valuation,
may file a petition for the dissolution of the municipality. The petition for dissolution must
be filed in the circuit court of the county in which the municipality is situated. If the
municipality is located in more than one county, the petition for dissolution may be filed
in either county.
Section 2. That § 9-6-2 be AMENDED:
9-6-2. A petition for dissolution must show:
(1) The name of the municipality;
(2) The date of its incorporation;
(3) The fact that it contains a population of less than two hundred fifty persons;
(4) That the petitioners are the owners of more than one -half of the real property
contained within its limits, in area as shown by a recorded deed or other instrument
evidencing title to the property; and
(5) That the petitioners are the owners of more than one -half of the real property
contained within the limits of the municipality, in assessed valuation, as shown by
the most recent assessed values available from the county or counties in which the
municipality is situated at the time of filing the petition for dissolution.
Two or more of the petitioners shall verify by affidavit that the statements
contained in the petition for dissolution are true.
Section 3. That § 9-6-3 be AMENDED: 25.590.20 2 167
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9-6-3. Upon the filing of a petition for dissolution, as provided in §§ 9-6-1 and 9-
6-2, the circuit court shall issue an order to the municipality to show cause why the petition
should not be granted. The order must be served in the same manner as a summons in a
civil action against a municipality.
Section 4. That § 9-6-4 be AMENDED:
9-6-4. Any objections to the petition for dissolution must be filed with the circuit
court within thirty days from the date of service on the municipality. Objections may be
made by any public officer or employee of the municipality or any property owner or
taxpayer of the municipality. An objection must be in writing and verified by an affidavit
affirming the statements contained in the objection are true.
Section 5. That § 9-6-5 be AMENDED:
9-6-5. If, after a hearing on the petition for dissolution and any objections, the
court determines there are sufficient interests of the municipality and of its property
owners and taxpayers to support the dissolution of the municipality, the court must
appoint a referee to make an enumeration of its population and to examine the records of
the municipality and of the county in which the municipality is situated, to ascertain
whether the petition has been executed by persons owning more than one -half of the real
property within the municipality, both in area and assessed valuation.
The court may also refer to the referee any other question that may arise regarding
the petition and objections.
The referee shall report to the court on all matters referred to the referee within
the time designated by the court. Upon the filing of the report and upon not less than six
days' notice to the municipality, the court shall consider the report of the referee and may
take evidence as it deems relevant.
Section 6. That § 9-6-6 be AMENDED:
9-6-6. The court must render a judgment decreeing the dissolution of a
municipality if:
(1) The referee reports that:
(a) At the time the petition for dissolution is filed, the population of the
municipality is less than two hundred fifty; and 25.590.20 3 167
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(b) The petition has been executed by property owners owning more than one -
half of the real property within the municipality, both in area and in assessed
valuation; and
(2) The court determines it is in the best interests of the municipality and the property
owners that the municipality be dissolved.
Section 7. That § 9-6-7 be AMENDED:
9-6-7. The clerk of courts shall enter the petition for dissolution, any objections,
the report of the referee, and the judgment of dissolution into the judgment record.
Section 8. That § 9-6-8 be AMENDED:
9-6-8. A copy of the judgment of dissolution, certified by the clerk of courts, must
be filed in the office of the register of deeds in the county or counties in which the
municipality is situated and in the Office of the Secretary of State. Upon the filing of the
copies, the municipality is dissolved and ceases to be a municipality, except as set forth
in § 9-6-9.
Section 9. That § 9-6-9 be AMENDED:
9-6-9. After the entry of the judgment of dissolution, the territory formerly
comprising the dissolved municipality must revert to the jurisdiction of the local
subdivision or organization of which it would have been a part had it never existed.
The municipal governing body and other officers shall remain in office and possess,
under the direction of the circuit court, all powers necessary for the winding up of the
corporate affairs of the municipality, including the power to levy and collect taxes to pay
any indebtedness, and to make all orders necessary for the disposal of municipal property
and for the proper distribution of the proceeds. The governing body and other officers
shall remain in office for purposes of winding up the corporate affairs of the municipality
only for the period of six months after the entry of the judgment of dissolution, unless the
court entering the judgment orders an extension for the purpose of permitting the affairs
of the municipality to be fully closed.
Section 10. That § 9-6-10 be AMENDED:
9-6-10. If the governing body of a municipality with a population of less than one
thousand at the time of filing is presented with a petition for dissolution signed by fifteen 25.590.20 4 167
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percent of the registered voters of the municipality, based upon the total number of
registered voters at the last preceding general election, the governing body shall call a
special election by giving fifty days' published notice to determine whether the municipality
must be dissolved. A signature on the petition is not valid if signed more than six months
prior to the filing of the petition. If any petition is presented on or after January first prior
to the annual municipal election and within sufficient time to comply with the provisions
of chapter 9-13, the question of dissolution must be submitted at that annual municipal
election.
The vote upon the question of dissolution must be by ballot and cast in the manner
provided in chapter 9-13.
Section 11. That § 9-6-11 be AMENDED:
9-6-11. Where an election is held pursuant to § 9-6-10 and a majority of the votes
cast are against dissolution, another election may not be held for the purpose of dissolving
the municipality until five years after the date of the first election.
Section 12. That § 9-6-12 be AMENDED:
9-6-12. If a majority of all the votes cast at an election pursuant to § 9-6-10 are
for dissolution and the turnout for the election was at least two-fifths of all the legal voters
of the municipality, based upon the total number of registered voters at the last preceding
general election, then a statement of the vote signed by the mayor or president of the
board of trustees and attested by the finance officer must be filed in the office of the
register of deeds of the county or counties in which the municipality is situated. The
municipality shall, at the expiration of six months from the time of holding the election,
cease to be a municipality, and the property belonging to the municipality after the
payment of debts and liabilities must be disposed of by transferring the property on an
equitable basis to the county or counties in which the municipality is situated.
Dissolution does not affect the rights of any person under any contract with the
municipality.
Section 13. That § 9-7-1 be AMENDED:
9-7-1. The board of trustees of a municipality consists of either three or five
members elected at large. Each member must be a legal voter of the municipality in 25.590.20 5 167
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accordance with § 9-14-2. The number of trustees of a municipality may be increased to
five or reduced to three in the manner prescribed by chapter 9-11.
Section 14. That § 9-7-3 be AMENDED:
9-7-3. The members of the board of trustees shall hold office for three years and
until their successors are elected and qualified. A vacancy on the board must be filled as
provided in § 9-13-14.1 or 9-13-14.2.
For purposes of staggering terms, when a municipality is organized, the trustees
must be elected for terms of one, two, and three years respectively at the first annual
election. At subsequent elections each trustee must be elected for a term of three years.
Section 15. That § 9-7-5 be AMENDED:
9-7-5. At the first regular meeting after their election, the members of the board
of trustees shall elect one of their number as president to serve for one year and until a
successor is elected and qualified.
Section 16. That § 9-7-6 be AMENDED:
9-7-6. The board of trustees shall hold regular meetings at the times as may be
provided by ordinance.
Special meetings of the board may be held at any time upon call of the president
or finance officer by oral or written notice to the members.
Section 17. That § 9-7-7 be AMENDED:
9-7-7. A majority of the members of the board of trustees constitutes a quorum,
but an act of the board is not effective unless assented to by a majority of the members.
Unless a vacancy exists due to removal, resignation, death, or by operation of law, the
quorum consists of the majority of all the trustees qualified to serve as trustees by election
or appointment pursuant to chapter 9-13.
Section 18. That § 9-8-1.1 be AMENDED:
9-8-1.1. An individual may be nominated, elected, or appointed as a mayor or as
an alderman, if the person is a citizen of the United States, a voter of the municipality,
and a resident of the municipality in accordance with § 9-14-2. An alderman representing
a ward must be a voter of and resident of the ward for which the person is to hold office. 25.590.20 6 167
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If the mayor or an alderman at large moves to a permanent residence outside the
corporate limits of the municipality, the office is immediately vacated. If an alderman
representing a ward moves to a permanent residence outside the boundaries of his or her
ward, the office is immediately vacated.
Section 19. That § 9-8-2 be AMENDED:
9-8-2. If there is a vacancy from any cause in the office of the mayor, the vacancy
must be filled by appointment by a majority vote of all the aldermen, as soon as
practicable after the vacancy occurs, to serve until the office is filled by election for the
unexpired term at the next annual municipal election or by special election as provided in
§ 9-13-14.2. Until the vacancy is filled, the powers and duties of mayor are executed by
the mayor pro tempore, as provided in section 27 of this Act.
A resignation by the mayor must be in writing and must specify the effective date
of the resignation. A temporary absence or temporary incapacitation of the mayor is not
a vacancy in the office of the mayor.
Section 20. That § 9-8-3 be AMENDED:
9-8-3. The mayor presides at all meetings of the council. The mayor votes only in
the case of a tie, except pursuant to § 9-8-10. The mayor performs other duties as may
be prescribed by the laws and ordinances, and takes care that the laws and ordinances
are faithfully executed. The mayor shall annually, or as may be necessary, give the council
information relative to the affairs of the municipality, and recommend for the council's
consideration the measures the mayor deems prudent. The mayor may sign or veto any
ordinance or resolution passed by the common council. The mayor may veto any part or
item of an ordinance or resolution appropriating money.
Section 21. That § 9-8-4 be AMENDED:
9-8-4. The common council consists of the mayor elected at large and two
aldermen elected from and by the voters of each ward of the municipality. The term of
office is two years, unless a municipality adopts an ordinance establishing the term of
office to be three, four, or five years. Except as otherwise provided in § 9-8-2, the mayor
and aldermen hold office until their successors are elected and qualified. At the first
election of aldermen, the council shall stagger the initial terms of the alderman in each
ward to provide that two aldermen from the same ward are not up fo r reelection in the 25.590.20 7 167
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same year. A person may hold office for more than one term. The vacancy of an alderman
is filled as provided in § 9-13-14.1 or 9-13-14.2.
A resignation by an alderman must be in writing and must specify the effective
date of the resignation.
Section 22. That § 9-8-5 be AMENDED:
9-8-5. The council is the judge of the election and qualification of its members.
The council may, by ordinance, determine its rules of procedure and code of conduct, and
may punish its members for disorderly conduct while performing the duties of office, and,
with the concurrence of two-thirds of the aldermen, may expel a member.
The office of a mayor or any alderman convicted of a crime that involves bribery is
deemed vacated upon entry of a judgment of conviction.
The council may, by ordinance, establish requirements for attendance at regular
meetings and provide for the expulsion of a member in violation of the attendance
requirements.
Section 23. That § 9-8-7 be AMENDED:
9-8-7. At the first regular meeting after the annual election in each year and after
the qualification of the newly elected aldermen, the council shall elect from among its
members a president and vice president, who shall hold their respective offices until a
president and vice president are elected the following year. In a year when there is no
annual election, the council shall elect from among its members a president and vice
president at the first regular meeting that occurs no more than one year after the president
and vice president were last elected from among the council’s members.
If an emergency prevents the first regular meeting from occurring, the election
must take place at either the next regular meeting or a special meeting. If there is a
vacancy in the office of the president, the council must elect a president from among its
members at the first regular or special meeting that occurs after the vacancy occurred.
If there is a vacancy in the office of the vice president, the council must elect a
vice president from among its members at the first regular or special meeting that occurs
after the vacancy occurred. If the vacancy in the office of the vice president occurs during
a meeting, the council may choose to elect a vice president from among its members
during the same meeting.
Section 24. That § 9-8-8 be AMENDED: 25.590.20 8 167
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9-8-8. The council holds its regular meetings on the first Monday of each month
but may, by ordinance, change the day of its regular monthly meetings. The council may
prescribe by ordinance the manner in which special meetings may be called.
A majority of all the aldermen constitutes a quorum to do business. When a seat
on a council is vacant due to removal, resignation, death, or by operation of law, the
quorum consists of the majority of all the aldermen who are qualified to serve as aldermen
by election or appointment pursuant to chapter 9-13. The council may compel the
attendance of absentees under the penalties as may be prescribed by ordinance.
The meetings of the council are open to the public. The council shall keep minutes
of its meetings.
Section 25. That § 9-8-10 be AMENDED:
9-8-10. All votes must be taken orally or by roll call. A vote may not be taken by
secret ballot. If any member of the council requests a roll call vote, a roll call vote must
be taken. All votes must be entered in the minutes of the council’s proceedings.
The majority vote of all the aldermen is necessary to pass an ordinance or proposal
that expends or appropriates money. The mayor may not break a tie on an ordinance or
proposal to expend or appropriate money. The mayor may break a tie on all other
ordinances or proposals.
A two-thirds vote of the aldermen is required to sell any city property.
Section 26. That a NEW SECTION be added to chapter 9-8:
In the temporary absence or temporary incapacitation of the mayor, the president
of the council shall serve as the mayor pro tempore, as provided in section 27 of this Act,
until the temporary absence or temporary incapacitation ends.
In the temporary absence or disability of the mayor and president of the council,
the vice president of the council shall serve as the mayor pro tempore until the temporary
absence or temporary incapacitation ends.
Section 27. That a NEW SECTION be added to chapter 9-8:
The mayor pro tempore shall perform the mayor’s duties, except that the mayor
pro tempore may not appoint, employ, or remove appointive officers without approval of
the council. 25.590.20 9 167
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The mayor pro tempore acts as the presiding officer of the council, but the mayor
pro tempore may only vote as an alderman. No alderman acting as mayor may vote as
the mayor to break a tie vote.
For purposes of this section "appointive officers" are municipal employees or
members of a board, commission, committee, or similar body that the mayor has the
authority to appoint, with or without the approval of the council.
Section 28. That § 9-9-2 be AMENDED:
9-9-2. In accordance with § 9-14-2, a person may be nominated, elected, or
appointed as a mayor or as a commissioner if the person is a citizen of the United States
and voter and resident of the municipality.
Section 29. That § 9-9-3 be AMENDED:
9-9-3. The term of office of the mayor and commissioners is not less than two or
more than five years as determined by ordinance, except that at the first election after
the adoption of the commission form of government the mayor's term must be for five
years and the commissioners must be elected for staggered terms. If the number of
commissioners is four, one must be elected for one year, one for two years, one for three
years, and one for four years. If the number of commissioners is two, one must be elected
for two years and one for four years. At the annual election preceding the expiration of
the term of office of the mayor or any commissioner, a successor must be elected for a
term of not less than two or more than five years, as determined by ordinance.
Section 30. That § 9-9-6 be AMENDED:
9-9-6. If the mayor or a commissioner resigns, the resignation must be submitted
in writing to the board of commissioners and must specify the effective date of the
resignation.
If the mayor or a commissioner moves to a permanent residence outside the
corporate limits of the municipality, the office is immediately vacated.
If there is a vacancy in the office of mayor, the vacancy must be filled by
appointment pursuant to § 9-9-8 until the position is filled by election at the next annual
municipal election or by special election as provided in § 9-13-14.2. A vacancy on the
board must be filled as provided in § 9-13-14.1 or 9-13-14.2. 25.590.20 10 167
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A temporary absence or temporary incapacitation of the mayor is not considered a
vacancy in the office of the mayor.
Section 31. That § 9-9-8 be AMENDED:
9-9-8. If the mayor is unable to perform the duties of office by reason of temporary
absence or temporary incapacitation, the board must, by a majority vote of all the
commissioners, appoint one of its members to act as mayor until the temporary absence
or temporary incapacitation ends. The appointed commissioner's official designation is
mayor pro tempore. The mayor pro tempore is invested with all the powers and shall
perform all the duties of the mayor during the mayor's temporary absence or temporary
incapacitation. The mayor pro tempore has only one vote as a commissioner and is not
entitled to vote as mayor pro tempore. The temporary absence or temporary
incapacitation of the mayor is not a vacancy in the office of the mayor.
If the office of mayor is vacated, the board of commissioners must, by a majority
vote of all commissioners, appoint one of its commissioners as acting mayor. The acting
mayor is invested with all the powers and shall perform all the duties of the mayor, until
the vacancy is filled by election for the unexpired term at the next annual election or by
special election as provided in § 9-13-14.2.
The acting mayor has only one vote as a commissioner and is not entitled to vote
as acting mayor.
Section 32. That § 9-9-14 be AMENDED:
9-9-14. A majority of all the commissioners on the board of commissioners
constitutes a quorum to do business. If a seat on the board is vacant due to removal,
resignation, death, or by operation of law, the quorum consists of the majority of all the
remaining commissioners who are qualified to serve by election or appointment pursuant
to chapter 9-13. The board may compel the attendance of any absentee under penalties
as prescribed by ordinance.
No action of the board is effective unless upon a vote of a majority of all the
members of the board.
Section 33. That § 9-9-14.1 be AMENDED:
9-9-14.1. The board of commissioners is the judge of the election and qualification
of its members. The board may, by ordinance, determine its rules of procedure and code 25.590.20 11 167
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of conduct, punish its members for disorderly conduct while performing the duties of office,
and, with the concurrence of two-thirds of the members, expel a member.
The board may, by ordinance, establish requirements for attendance at regular
meetings and provide for the expulsion of a member in violation of the attendance
requirements.
Section 34. That § 9-9-16 be AMENDED:
9-9-16. Each meeting of the board of commissioners is open to the public. All
votes must be taken orally or by roll call. No votes may be taken by secret ballot. If any
member of the board requests a roll call vote, a roll call vote must be taken. All votes
must be entered in the minutes of the council's proceedings.
A two-thirds vote of the board is required to sell any municipal real property.
Section 35. That § 9-9-19 be AMENDED:
9-9-19. In any municipality governed by a board consisting of five commissioners,
the mayor and the commissioners have the powers and duties described in §§ 9-9-20 to
9-9-24, inclusive. In addition, each commissioner shall supervise any other department
assigned or apportioned by resolution of the governing board, adopted by a majority vote
of all the commissioners at the first meeting of the board in the month following the
election year. Each commissioner is in charge of the apparatus, personnel, and personal
property used by departments under that commissioner's supervision.
Section 36. That § 9-9-20 be AMENDED:
9-9-20. If any municipality is governed by a board consisting of five
commissioners, the mayor may exercise all the powers and perform all the duties provided
by the laws of this state or the ordinances of the municipality not in conflict with the laws
of the state. The mayor is the chief executive officer of the municipality, presides at all
meetings of the board, and has general supervision over all departments and officers. In
the temporary absence or temporary incapacitation of a commissioner, the mayor shall
temporarily take charge of the department of that commissioner. The mayor shall enforce
all the laws of the municipality and require that the conditions of the grant of any franchise
or privilege are faithfully complied with and performed. The mayor shall grant all licenses
or permits, except as are required by ordinance to be granted by the board or by some
other department or officer. The mayor shall supervise each public building of the 25.590.20 12 167
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municipality and each city park except in any municipality that has a park board, and the
lighting of the streets, alleys, and public buildings of the municipality. The mayor shall
annually and from time to time give the board information relative to the affairs of the
municipality and shall recommend for the board's consideration any measure the mayor
deems prudent.
Section 37. That § 9-9-26 be AMENDED:
9-9-26. If a municipality is governed by a board consisting of three commissioners,
the mayor must exercise all the powers and perform all the duties provided by the laws
of this state or the ordinances of the municipality not in conflict with state law. The mayor
is the chief executive officer of the municipality, shall preside at all meetings of the board,
and has general supervision over all departments and officers. In the temporary absence
or temporary incapacitation of a commissioner, the mayor shall temporar ily take charge
of the department of the commissioner. The mayor shall see that all the laws of the
municipality are enforced and that the conditions of the grant of any franchise or privilege
are faithfully complied with and performed. The mayor shall grant all licenses or permits,
except as required by ordinance to be granted by the board or by some other department
or officer.
Section 38. That § 9-9-27 be AMENDED:
9-9-27. If a municipality is governed by a board consisting of three commissioners,
all matters not designated to the mayor must be assigned or apportioned as equally as
may be between the commissioners by resolution of the board adopted by a majority vote
of all the commissioners at the first meeting of the board in the month following the
election each year.
Section 39. That § 9-10-1 be AMENDED:
9-10-1. If a petition signed by fifteen percent of the registered voters of any
municipality, as determined by the total number of registered voters at the last preceding
general election, is presented requesting that an election be called to vote on the question
of employing a city manager, the governing body must call an election to be held within
fifty days from the date of the filing of the petition with the municipal finance officer. At
that election, the question must be submitted to the voters. No petition is valid if filed
more than six months after the circulation start date declared on the petition forms. If the 25.590.20 13 167
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petition is filed on or after January first prior to the annual municipal election and within
sufficient time to comply with the provisions of chapter 9-13, the question may be
submitted at that annual municipal election.
The election must be held upon the same notice and conducted in the same manner
as other municipal elections. The vote must be by ballot, in the form and cast in the
manner provided by chapter 9-13.
Section 40. That § 9-10-3 be AMENDED:
9-10-3. When authorized by a majority vote of all voters voting at a special
election called for that purpose, pursuant to § 9-10-1, the governing body of any
municipality must employ a city manager and fix the manager's compensation.
Section 41. That § 9-10-4 be AMENDED:
9-10-4. In municipalities under the aldermanic form employing a city manager,
the mayor and aldermen must be elected in the same manner as municipalities not
employing a city manager.
Section 42. That § 9-10-5 be AMENDED:
9-10-5. In all commission-governed municipalities employing a city manager, the
number of at-large commissioners is nine, each with a three-year term of office. At the
first election, nine commissioners must be elected, three to serve until the next annual
election, three to serve until the second annual election thereafter, and three to serve
until the third annual election thereafter. At each annual municipal election thereafter,
three at-large commissioners must be elected for a term of three years each.
Section 43. That § 9-10-6 be AMENDED:
9-10-6. Within sixty days after an election directing the employment of a city
manager in any commission-governed municipality, a special election must be called and
held to elect the nine at-large commissioners. A plurality vote in the election of
commissioners is sufficient to elect the commissioners.
The commissioners shall qualify as provided by law and organize by electing a
commissioner to act as mayor until the first regular meeting of the board of commissioners
in the month following the first annual election of commissioners. At the first regular 25.590.20 14 167
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meeting in the month following the annual election, the commissioners shall elect a
commissioner to act as mayor for a term of one year.
Section 44. That § 9-10-7 be AMENDED:
9-10-7. The mayor of any municipality employing a city manager:
(1) Is the presiding officer of the council or commission, and in municipalities having
the aldermanic form of government, has the powers and duties of an alderman at
large;
(2) Is the recognized head of the municipality for service of civil process and for
military and ceremonial purposes;
(3) May take command of the police of the municipality, appoint special police, and
govern the municipality by proclamation during times of public danger or
emergency, during which times the mayor has the powers and authority to call for
assistance as provided in § 9-29-17; and
(4) Shall have other authority and perform other duties as may be prescribed by
ordinance or resolution not inconsistent with the provisions of this chapter, but in
no case may the mayor have the right of veto.
Section 45. That § 9-10-8 be AMENDED:
9-10-8. The governing body of any municipality employing a manager shall hold
regular meetings on the day and time adopted by ordinance, with at least one regular
meeting per calendar month. The governing body may, by ordinance, determine the
manner in which special meetings may be called.
Unless a seat on the governing body is vacant due to removal, resignation, death,
or by operation of law, a quorum consists of the majority of all the members of the
governing body who are qualified to serve by election or appointment pursuant to chapter
9-13. The governing body may compel the attendance of absentees under such penalties
as may be prescribed by ordinance.
The meetings of the governing body are open to the public. The governing body
shall keep minutes of its meetings.
Section 46. That § 9-10-9 be AMENDED:
9-10-9. The finance officer, attorney, and library board of trustees must be
appointed by the governing body and may be removed at any time by the governing body. 25.590.20 15 167
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The finance officer shall appoint all deputies and employees in the finance office.
All other officers and employees, including all members of boards and commissions,
except as otherwise provided by law, must be appointed, and may be removed, by the
city manager.
Section 47. That § 9-10-10 be AMENDED:
9-10-10. The city manager must be chosen by the governing body on the basis of
executive and administrative qualifications, with special reference to actual experience in,
or knowledge of, accepted practices in respect to the duties of office. The governing body
may establish residency requirements for the manager.
A person elected to membership on the governing body may not be eligible for
appointment as manager until one year has elapsed following the expiration of the term
for which the member was elected.
Section 48. That § 9-10-11 be AMENDED:
9-10-11. The governing body shall appoint the city manager for an indefinite term,
but may suspend the manager by resolution of intent to remove the manager approved
by a majority vote of all the members of the governing body. The resolution of intent to
remove the manager must set forth the reasons for the suspension and proposed removal,
and a copy of the resolution must be served immediately upon the manager. The manager
may reply in writing to the resolution and may request a public hearing within fifteen days
of being served the resolution. If a public hearing is requested by the manager, the
governing body must, within fifteen days, hold a public hearing upon the question of the
manager's removal, and the final resolution removing the manager may not be adopted
until the public hearing has occurred.
The manager's pay must continue until the manager's removal is effective as
provided by this section. The action of the governing body in removing the manager is
final.
Section 49. That § 9-10-12 be AMENDED:
9-10-12. In case of the absence or disability of the manager or in case of
suspension as provided in § 9-10-11, the governing body may designate a qualified
administrative officer of the municipality to perform the duties of the manager during the
absence, disability, or suspension. 25.590.20 16 167
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Section 50. That § 9-10-13 be AMENDED:
9-10-13. The city manager is responsible to the governing body for the proper
administration of all affairs of the municipality. Except as otherwise provided by law, the
manager has power to appoint and remove all officers and employees in the administrative
service of the municipality and may authorize the head of any department or office
responsible to the manager to appoint and remove subordinates in the department or
office. Appointments made by or under the authority of the manager must be made
without definite term, on the basis of executive and administrative ability, and on the basis
of the training and experience of the appointees in the assigned work.
Section 51. That § 9-10-14 be AMENDED:
9-10-14. Except as otherwise provided in this section, the city manager and every
officer of the municipality, whether appointed by the manager or the governing body, shall
furnish a bond to the municipality in the form and amount as may be required by the
governing body. The bond must be approved by the governing body and filed with the
finance officer. An individual bond is not required, provided the municipality has blanket
coverage pursuant to § 3-5-14.
Section 52. That § 9-10-15 be AMENDED:
9-10-15. The city manager shall:
(1) See that municipal laws, ordinances, and resolutions are enforced;
(2) Supervise the administration of the affairs of the municipality;
(3) Make recommendations to the governing body concerning the affairs of the
municipality as may seem prudent;
(4) Keep the governing body advised of the financial condition and future needs of the
municipality;
(5) Prepare and submit to the governing body an annual budget on a date determined
by the governing body pursuant to §§ 9-21-34 and 9-21-34.1;
(6) See that all terms and conditions imposed in favor of the municipality or its
inhabitants in any contract or franchise to which the municipality is a party are
faithfully kept and performed;
(7) Be entitled to be present and take part in discussions at all meetings of the
governing body and its committees, except when the governing body is considering
removal of the manager; 25.590.20 17 167
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(8) Sign all warrants for the payment of money, which warrants:
(a) Must be countersigned by the finance officer; and
(b) May not be issued until the claim has been approved by the governing body,
except as otherwise provided by ordinance or resolution;
(9) Have the right to prepare and introduce ordinances and resolutions and take part
in the discussions on all matters coming before the governing body, but the
manager may not vote; and
(10) Have other powers and duties as may be prescribed by ordinance or resolution.
Section 53. That § 9-10-17 be AMENDED:
9-10-17. It is a Class 2 misdemeanor for the city manager, or an officer or
employee appointed by the manager, to solicit any person to vote for or against any
candidate for alderman or commissioner of the municipality by which the manager is
employed at any municipal election.
Section 54. That § 9-10-18 be AMENDED:
9-10-18. Provisions of the statutes governing municipalities inconsistent with this
chapter are inapplicable to municipalities employing a city manager.
Section 55. That a NEW SECTION be added to chapter 9-10:
Except as otherwise provided in this section, a contract of the municipality is not
valid unless the contract has been authorized by a vote of the governing body at an official
meeting, is executed in the name of the municipality by the mayor, is countersigned by
the finance officer, and has the corporate seal attached.
Pursuant to § 9-1-5, the governing body of a municipality may, by ordinance or
resolution, delegate to the manager the authority to enter into a contract on behalf of the
municipality and to execute the contract and any other instrument necessary or
convenient for the performance of the contract, subject to the limitations established by
the governing body.
Section 56. That § 9-11-6 be AMENDED:
9-11-6. If a petition signed by fifteen percent of the registered voters of any
municipality, as determined by the total number of registered voters at the last preceding
general election, is presented to the governing body, requesting that an election be called 25.590.20 18 167
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for the purpose of voting upon a question of change of form of government or upon a
question of the number of wards, commissioners, or trustees, the governing body must
call an election that must be held within fifty days from the date of the filing of the petition
with the municipal finance officer. At that election, the question of the change of form of
government or the number of wards, commissioners, or trustees, or both, must be
submitted to the voters. No petition is valid if filed more than six month s after the
circulation start date declared on the petition forms. If the petition is filed on or after
January first prior to the annual municipal election and within sufficient time to comply
with the provisions of chapter 9-13, the question may be submitted at that annual
municipal election.
The election must be held upon the same notice and conducted in the same manner
as other municipal elections.
Section 57. That § 9-11-9 be AMENDED:
9-11-9. If the question of whether to change the form of government or number
of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6, at
the next annual municipal election or at a special election called by the governing board
and held pursuant to § 9-13-14, elected officials must be chosen under the changed form
of government.
Section 58. That § 9-11-11 be AMENDED:
9-11-11. Each first or second class municipality must be governed by a mayor and
common council, a mayor and a common council with a city manager, a board of
commissioners, or a board of commissioners with a city manager. Each third class
municipality must be governed by a board of trustees, with or without a city manager.
The present form of government of existing municipalities must continue until
changed as provided by this title.
Section 59. That § 9-12-1 be AMENDED:
9-12-1. Every municipality has the power:
(1) To sue and be sued and to contract in its corporate name;
(2) To acquire by lease, purchase, gift, condemnation, or other lawful means and hold
in its corporate name, or use and control as provided by law, both real and personal
property and easements and rights of way within or without the corporate limits 25.590.20 19 167
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for all purposes authorized by law or necessary to the exercise of any power
granted;
(3) To provide that supplies needed for the use of the municipality are furnished by
contract let to the lowest responsible bidder, except as otherwise provided by law;
(4) To construct, operate, and maintain an auditorium and all public buildings
necessary for the use of the municipality;
(5) To insure the public property of the municipality;
(6) To convey, sell, give, dispose of, or lease the personal and real property of the
municipality as provided by the laws of this state; and
(7) To perform all administrative and financial functions for all purposes authorized by
law or necessary to the exercise of any power granted.
Section 60. That § 9-12-3 be AMENDED:
9-12-3. Every municipality may appropriate funds to pay the necessary expenses
of its officers or employees in conducting business or attending meetings within or without
the state as the governing body determines necessary to carry out authorized municipal
activities.
Section 61. That § 9-12-5.1 be AMENDED:
9-12-5.1. Every municipality may lease its municipally owned property. The lease
must be for a term and upon the conditions provided by the governing body.
Section 62. That § 9-12-5.2 be AMENDED:
9-12-5.2. If the governing body decides to lease any municipally owned property
to any private person for a term exceeding one hundred twenty days and for an amount
exceeding two thousand five hundred dollars annual value, the municipality must adopt a
resolution of intent to enter into the lease, and the resolution must fix a time and place
for public hearing on the adoption of the lease resolution. Notice of the hearing on the
adoption of the lease resolution must be published in the official newspaper once, at least
ten days prior to the hearing. Following the hearing, the governing body may proceed to
authorize the lease upon the terms and conditions it determines.
Section 63. That § 9-12-10 be AMENDED: 25.590.20 20 167
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9-12-10. Every municipality has power to provide for the taking of the census of
the municipality.
Section 64. That § 9-12-14.1 be AMENDED:
9-12-14.1. A municipality may pay compensation to a regularly scheduled
commercial air carrier to provide basic or enhanced air service.
Section 65. That § 9-9-13 be REPEALED.
Section 66. That § 9-10-2 be REPEALED.
Section 67. That § 9-12-9 be REPEALED. 25.590.20 21 167
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An Act to revise certain provisions pertaining to municipal government.
I certify that the attached Act originated in
the:
Senate as Bill No. 167
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 167
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State