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