HB 1323

 26.237.22  101st Legislative Session  1323
                                         2026 South Dakota Legislature
                                                 House Bill 1323
                                                         SENATE ENGROSSED
 Introduced by: Representative Aylward
1 An Act to modify the requirements to refer an ordinance or resolution to the voters
2of a political subdivision.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 7-18A-8 be AMENDED:
57-18A-8. Except such resolutions or ordinances as may be necessary for the
6     immediate preservation of the public peace, health, or safety, or support of the county
7     government and its existing public institutions; which provide for an election or hearing
8     on an improvement or assessment; or which call for bids which take effect upon the
9     passage and publication thereof, every resolution or ordinance passed by a board shall
10     take effect on the twentieth day after its completed publication unless suspended by
11     operation of a referendum.
12Except as otherwise provided in this section, an ordinance or resolution passed by
13     a board of county commissioners takes effect on the twentieth day after the final
14     publication of the ordinance or resolution in the county's official newspapers, as designated
15     pursuant to § 7-18-3.
16An ordinance or resolution takes effect upon the passage and publication of the
17     ordinance or resolution if the ordinance or resolution:
18     (1)      May be necessary for:
19(a)    The immediate preservation of the public peace, health, or safety; or
20(b)    The support of the county government and its existing public institutions;
21     (2)      Provides for an election;
22     (3)      Provides for a hearing on an improvement or assessment; or
23     (4)      Calls for a bid.
24An ordinance or resolution that has been referred to a vote of the people does not
25     take effect until the completion of the referendum process.
26 Section 2. That § 7-18A-15 be AMENDED:
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17-18A-15. Any ordinance or resolution adopted by a board  of county
2    commissioners may be referred to a vote of the qualified voters of the county by the filing
3    of a petition signed by five percent of the registered voters in the county, based upon the
4    total number of registered voters at the last preceding general election, except such
5    ordinances and resolutions asThe registered voters of a county may refer an ordinance or
6    resolution adopted by the board of county commissioners to the voters of the county by
7    filing a petition with the county auditor, within twenty days of the publication of the
8    decision in each of the county's official newspapers, as designated pursuant to § 7-18-3.
9    The petition must be signed by at least five percent of the registered voters of the county,
10    based upon the total number of registered voters in the county at the last general election,
11    or two thousand five hundred registered voters of the county, whichever is fewer.
12Unless otherwise permitted by law, the registered voters of a county may not refer:
13    (1)      An ordinance or resolution that may be necessary for the immediate preservation
14of the public peace, health, or safety, or for the support of the county government
15and its existing public institutions; or
16    (2)      An ordinance, resolution, or other decision that:
17(a)    Executes a plan already adopted by the board or by the Legislature; or
18(b)    Provides for the supervision of county programs, employees, or officials.
19 Section 3. That § 7-18A-29 be AMENDED:
207-18A-29. Upon the adoption of an ordinance in revision by the board that revises
21    the ordinances of the county, pursuant to § 7-18A-28, the auditor shall publish a notice,
22    once each week for two successive weeks, in the legal newspapers designated pursuant
23    to § 7-18-3, a notice that an ordinance in revision was adopted.Twenty days after the
24    completed publication of the notice, unless the referendum shall have been invoked, such
25    ordinance shall become effective without publication in a newspaper. The notice must be
26    published once a week for two successive weeks.
27The ordinance is effective twenty days after the second publication of the notice.
28    The board shall publish the revised ordinances in book form.
29 Section 4. That § 9-4-4.5 be AMENDED:
309-4-4.5. The required number of voters residing in the combined area of the
31    municipality and special annexation precinct may file within twenty days after the
32    publication of the annexation resolution a petition with the municipal finance officer,
33    requiring the submission of the annexation resolution to a vote of the voters of the
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1    combined area of the municipality and special annexation precinct for its rejection or
2    approval.The registered voters living in the municipality and area designated for
3    annexation by the municipality may refer a resolution adopted by the governing body of
4    the municipality to annex land for the purpose of expanding the municipality's boundaries
5    by filing a petition with the municipal finance officer, within twenty days of the publication
6    of the decision. The petition must be signed by at least five percent of the registered
7    voters residing in the combined area of the municipality and area designated for
8    annexation, based on the number of the registered voters of the area, as determined by
9    the county auditor pursuant to § 9-20-8, or two thousand five hundred registered voters
10    residing in the same area, whichever is fewer.
11 Section 5. That § 9-19-13 be AMENDED:
129-19-13. Except such resolutions or ordinances as may be necessary for the
13    immediate preservation of the public peace, health, or safety, or support of the municipal
14    government and its existing public institutions, or which provide for an election or for
15    hearing on an improvement or assessment or which call for bids, which take effect upon
16    the passage and publication thereof, every resolution or ordinance passed by the
17    governing body shall take effect on the twentieth day after its publication unless
18    suspended by operation of a referendum.Except as otherwise provided in this section, an
19    ordinance or resolution passed by the governing body of a municipality takes effect on the
20    twentieth day after the publication of the ordinance or resolution in the municipality's legal
21    newspaper, as designated pursuant to § 9-12-6.
22An ordinance or resolution takes effect upon the passage and publication of the
23    ordinance or resolution if the ordinance or resolution:
24    (1)      May be necessary for:
25(a)    The immediate preservation of the public peace, health, or safety; or
26(b)    The support of the municipal government and its existing public institutions;
27    (2)      Provides for an election;
28    (3)      Provides for a hearing on an improvement or assessment; or
29    (4)      Calls for a bid.
30An ordinance or resolution that has been referred to a vote of the people does not
31    take effect until the completion of the referendum process.
32 Section 6. That § 9-20-6 be AMENDED:
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19-20-6. The required number of voters residing in any municipality may file within
2    twenty days after the publication of any ordinance or resolution subject to referendum a
3    petition with the auditor or clerk, requiring the submission of any such ordinance or
4    resolution to a vote of the voters of the municipality for its rejection or approval. If filed
5    on the twentieth day after publication, such petitions shall be filed no later than normal
6    closing hours of the city hall or city auditor's office on said twentieth day.The registered
7    voters of a municipality may refer an ordinance or resolution adopted by the governing
8    body of the municipality to the voters of the municipality by filing a petition with the
9    municipal finance officer, within twenty days of the publication of the decision. The petition
10    must be signed by at least five percent of the registered voters of the municipality, based
11    on the number of the registered voters of the municipality, as recorded by the county
12    auditor pursuant to § 9-2-2, or two thousand five hundred registered voters of the
13    municipality, whichever is fewer. The petition must be filed with the finance officer before
14    the normal finance office closing time on the twentieth day.
15Unless otherwise permitted by law, the registered voters of a municipality may not
16    refer:
17    (1)      An ordinance or resolution that may be necessary for the immediate preservation
18of the public peace, health, or safety, or for the support of the municipal
19government and its existing public institutions; or
20    (2)      An ordinance, resolution, or other decision that:
21(a)    Executes a plan already adopted by the governing body or by the
22Legislature; or
23(b)    Provides for the supervision of municipal programs, employees, or officials.
24 Section 7. That § 9-20-8 be AMENDED:
259-20-8. The referendum petition shall be signed by at least five percent of the
26    registered voters in the municipality. The percentage shall be based on the number of
27    registered voters of the municipality as recorded by the county auditor on the second
28    Tuesday in January in the year the petition is filed. If the petition is filed before the second
29    Tuesday in January, the prior year's calculation of registered voters shall be used. The
30    signer or circulator shall add the signer's residence address, county of voter registration,
31    and date of signing. The signer's post office box number may be given in lieu of a street
32    address if the signer lives within a municipality of the second or third class.An individual
33    signing the petition to refer an ordinance or resolution or the petition circulator shall add
34    the individual's residence address, county of voter registration, and the date of signing. If
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1    the individual lives within a second-class or third-class municipality, the individual may
2    provide the individual's post office box number in lieu of a street address.
3 Section 8. That § 10-12-43 be AMENDED:
410-12-43. The governing body of the school district may raise additional revenues
5    for general fund purposes only, from property tax through the imposition of an excess tax
6    levy. The governing body of a school district may impose the excess tax levy with an
7    affirmative two-thirds vote of the governing body on or before July fifteenth of the year
8    prior to the year the taxes are payable. On any excess tax levy approved after July 1,
9    2002, the governing body of the taxing district shall specify in the resolution the year or
10    number of years the excess tax levy will be applied.
11The requirements for an announcement made pursuant to this section are as
12    follows:
13(1) The decision of the governing body to originally impose or subsequently
14    increase an excess tax levy shall be first published within ten days of the decision;
15    (2)      Publication shall be made at least twice in the legal newspaper designated pursuant
16to § 13-8-10, with no fewer than five days between publication dates, before the
17opt out takes effect;
18    (3)      The announcement shall be at least three newspaper columns in width and four
19inches in length or at least one-sixth of a page in size, whichever size is greater;
20    (4)      The announcement shall be headed with the following statement in a typeface no
21less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY
22TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall
23consist of a reproduction of the "Resolution for Opt Out," including the amount that
24property taxes will be increased annually by the proposed opt out and a statement
25of the right to refer the decision of the board to a vote of the people as provided
26in this section. The secretary of revenue, in rules promulgated pursuant to chapter
271-26, shall prescribe a uniform form to be used by the school district for notification
28of taxpayers as required by this section. However, the requirements of subdivisions
29(3) and (4) shall be waived if:
30    (A)      The opt out is for less than fifteen thousand dollars; or
31    (B)      A copy of the resolution for opt out is mailed to every property taxpayer in the local
32governmental unit, by first class mail or bulk mail, within twenty days of the
33decision to opt out; and
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1    (C)      A copy of the resolution for opt out is printed in each official newspaper in the local
2governmental unit's boundaries.
3For the purposes of subsections (A), (B), and (C), the first publication is not
4    deemed to have occurred until three days after the mailing is sent or the resolution is
5    delivered to the official newspaper.
6The opt out decision may be referred to a vote of the people upon a resolution of
7    the governing body of the school district or by a petition signed by at least five percent of
8    the registered voters in the school district and filed with the governing body within twenty
9    days of the first publication of the decision. The referendum election shall be held on or
10    before October first of the year prior to the time the taxes are payable.
11The board of a school district may, by resolution, impose an excess tax levy to
12    raise additional revenues from property tax for general fund purposes only. The board
13    may impose the excess tax levy with an affirmative vote of at least two-thirds of the
14    members on or before July fifteenth of the year prior to the year the taxes are payable.
15    The board shall specify in the resolution the year or number of years the excess tax is to
16    be applied.
17The decision of the board to impose or increase an excess tax levy must first be
18    published in the district's legal newspaper, as designated pursuant to § 13-8-10, within
19    ten days of the board's decision. The board must publish at least two additional
20    notifications in the district's legal newspaper, the last of which must be published not more
21    than seven days before the excess levy takes effect, provided that there are at least five
22    days between the publication of the two notices. Each notice must:
23    (1)      Contain the following headline in a typeface no less than eighteen-point type:
24"ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in
25amount)";
26    (2)      Consist of a reproduction of the "Resolution for Opt Out," including the amount by
27which property taxes are to be increased annually by the proposed opt out; and
28    (3)      Include a statement of the right to refer the decision of the board to a vote of the
29people, as provided in this section.
30The board is not required to meet the formatting and content requirements
31    required by subdivisions (2) and (3) if the excess tax levy is for less than fifteen thousand
32    dollars or if the board has, within twenty days of the decision to impose the excess tax
33    levy, mailed to every property taxpayer in the district, by first class or bulk mail, a copy
34    of the resolution authorizing the excess tax levy and if a copy of the resolution is published
35    in each newspaper within the school district, as established in § 17-2-2.1. The additional
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1    notices must be published at least three days after the mailing is sent or the resolution is
2    delivered to the official newspaper, whichever is later.
3The secretary of the Department of Revenue shall promulgate rules, pursuant to
4    chapter 1-26, prescribing the form to be used by the school district for notification of
5    taxpayers, as required by this section.
6 Section 9. That § 10-12-43.1 be AMENDED:
710-12-43.1. A school district may raise additional revenues for capital outlay fund
8    purposes through the imposition of an excess tax levy. A school district seeking to impose
9    an excess tax levy pursuant to this section is subject to the same opt out procedures and
10    requirements as provided in § 10-12-43. The opt out decision may be referred to a vote
11    of the people in the same manner as provided in § 10-12-43.
12A school district imposing an excess tax levy pursuant to this section shall exclude
13    any additional revenue generated by the excess tax levy from the total tax revenues
14    deposited in the capital outlay fund when calculating the maximum allowable transfer to
15    the school district's general fund authorized under § 13-16-6. Any additional Additional
16    revenue generated by the excess tax levy may only be used for capital outlay fund
17    purposes pursuant to § 13-16-6.
18In no year may the annual tax levy for capital outlay fund purposes exceed the
19    levy authorized under § 13-16-7.
20 Section 10. That a NEW SECTION be added to chapter 10-12:
21The registered voters of a school district may refer a resolution adopted by the
22    board of the school district to impose an excess tax levy, pursuant to § 10-12-43 or 10-
23    12-43.1, by filing a petition with the business manager of the school district, within twenty
24    days of the first publication of the decision. The petition must be signed by at least five
25    percent of the registered voters of the school district, based on the total number of
26    registered voters of the school district, or two thousand five hundred registered voters of
27    the school district, whichever is fewer.
28The election must be held on or before October first of the year prior to the time
29    the taxes are payable. The business manager shall give notice that the question is to be
30    on the ballot at the next scheduled election or at a special election called for that purpose
31    and prepare official ballots according to the provisions of chapter 13-7.
32 Section 11. That § 10-13-35.13 be AMENDED:
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110-13-35.13. The governing body of a taxing district may, by resolution, impose
2    the levy provided in § 10-13-35.12 with an affirmative two-thirds vote of the governing
3    body on or before July fifteenth.
4The decision of the governing body to impose the levy shall be published within
5    ten days of the decision as follows:
6    (1)      Publication shall be made at least twice in the legal newspaper designated by the
7governing body pursuant to law, with no fewer than five days between publication
8dates, before the tax imposition takes effect;
9    (2)      The announcement shall be at least three newspaper columns in width and four
10inches in length or at least one-sixth of a page in size, whichever size is greater;
11    (3)      The announcement shall be headed with the following statement in a typeface no
12less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY
13TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall
14consist of a reproduction of the resolution including the amount that property taxes
15will be imposed and a statement of the right to refer the decision of the board to a
16vote of the people as provided in this section. The secretary of revenue, in rules
17promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used
18by the taxing district for notification of taxpayers as required by this section.
19However, the requirements of subdivisions (2) and (3) are waived if:
20(a)    The property tax imposed is for less than fifteen thousand dollars; or
21(b)    A copy of the resolution is mailed to every property taxpayer in the taxing
22district, by first class mail or bulk mail, within twenty days of the decision;
23and
24(c)    A copy of the resolution is printed in each legal newspaper in the taxing
25district's boundaries.
26For the purposes of subsections (a), (b), and (c), the first publication is not deemed
27    to have occurred until three days after the mailing is sent or the resolution is delivered to
28    the legal newspaper.
29The governing body's decision may be referred to a vote of the people upon a
30    resolution of the governing body of the taxing district or by a petition signed by at least
31    five percent of the registered voters in the taxing district and filed with the respective
32    governing body within twenty days of the first publication of the decision. The referendum
33    election shall be held on or before October first preceding the year the taxes are
34    payable.The governing body of a taxing district may, by resolution, impose the levy
35    provided in § 10-13-35.12. The body may impose the tax levy with an affirmative vote of
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1    at least two-thirds of the total membership of the body, on or before July fifteenth of the
2    year prior to the year in which the taxes are payable.
3The decision of the governing body to impose the levy must be published in the
4    legal newspaper designated by the governing body, within ten days of the body's decision.
5    The body must publish at least two additional notifications in the district's legal newspaper,
6    the last of which must be published not more than seven days before the tax levy takes
7    effect, provided that there are at least five days between the publication of the two notices.
8    Each notice must:
9    (1)      Be at least three newspaper columns in width and four inches in length or at least
10one-sixth of a page in size, whichever size is greater;
11    (2)      Contain the following headline in a typeface no less than eighteen-point type:
12"ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in
13amount)";
14    (3)      Consist of a reproduction of the resolution, including the amount that property
15taxes are to be imposed; and
16    (4)      Include a statement of the right to refer the decision of the board to a vote of the
17people as provided in this section.
18The governing body is not required to meet the formatting and content
19    requirements required by subdivisions (3) and (4) if the excess tax levy is for less than
20    fifteen thousand dollars or if the body has, within twenty days of the decision to impose
21    the excess tax levy, mailed to every property taxpayer in the municipality, by first class
22    or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the
23    resolution is published in each newspaper within the municipality, as established in § 17-
24    2-2.1. The additional notices must be published at least three days after the mailing is
25    sent or the resolution is delivered to the official newspaper, whichever is later.
26The secretary of the Department of Revenue, in rules promulgated pursuant to
27    chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the
28    notification of taxpayers as required by this section.
29 Section 12. That a NEW SECTION be added to chapter 10-13:
30The registered voters of a taxing district may refer a resolution adopted by the
31    governing body of the taxing district to impose an excess tax levy by filing a petition with
32    the person in charge of the taxing district's elections, within twenty days of the first
33    publication of the decision. The petition must be signed by at least five percent of the
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 26.237.22  10  1323
1    registered voters of the taxing district, or two thousand five hundred registered voters of
2    the taxing district, whichever is fewer.
3The referendum election must be held on or before October first of the year prior
4    to the time the taxes are payable. The person in charge of the taxing district's elections
5    shall give notice that the question is to be on the ballot at the next scheduled election or
6    at a special election called for that purpose and prepare official ballots according to the
7    provisions of chapter 9-13.
8 Section 13. That § 10-13-36 be AMENDED:
910-13-36. The governing body of a taxing district may exceed the limit pursuant
10    to § 10-13-35 through the imposition of an excess tax levy. The governing body of a
11    taxing district may impose an excess tax levy with an affirmative two-thirds vote of the
12    governing body on or before July fifteenth of the year prior to the year the taxes are
13    payable. On any excess tax levy approved after July 1, 2002, the governing body of the
14    taxing district shall specify in the resolution the year or number of years the excess tax
15    levy will be applied. The requirements for an announcement made pursuant to this section
16    are as follows:
17    (1)      The decision of the governing body to originally impose or subsequently increase
18an excess tax levy shall be published within ten days of the decision;
19    (2)      Publication shall be made at least twice in the legal newspaper designated by the
20governing body pursuant to law, with no fewer than five days between publication
21dates, before the opt out takes effect;
22    (3)      The announcement shall be at least three newspaper columns in width and four
23inches in length or at least one-sixth of a page in size, whichever size is greater;
24(4)    The announcement shall be headed with the following statement in a
25typeface no less than eighteen point type: "ATTENTION TAXPAYERS:
26NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder
27of the announcement shall consist of a reproduction of the "Resolution for
28Opt Out," including the amount that property taxes will be increased
29annually by the proposed opt out and a statement of the right to refer the
30decision of the board to a vote of the people as provided in this section. The
31secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall
32prescribe a uniform form to be used by the taxing district for notification of
33taxpayers as required by this section.
34However, the requirements of subdivisions (3) and (4) shall be waived if:
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1(A)    The opt out is for less than fifteen thousand dollars; or
2(B)    A copy of the resolution for opt out is mailed to every property taxpayer in
3the local governmental unit, by first class mail or bulk mail, within twenty
4days of the decision to opt out; and
5(C)    A copy of the resolution for opt out is printed in each official newspaper in
6the local governmental unit's boundaries.
7For the purposes of subsections (A), (B), and (C), the first publication is not
8    deemed to have occurred until three days after the mailing is sent or the resolution is
9    delivered to the official newspaper.
10The opt out decision may be referred to a vote of the people upon a resolution of
11    the governing body of the taxing district or by a petition signed by at least five percent of
12    the registered voters in the taxing district and filed with the respective governing body
13    within twenty days of the first publication of the decision. The referendum election shall
14    be held on or before October first preceding the year the taxes are payable. The governing
15    body of a taxing district may impose an excess tax levy to exceed the limit pursuant to
16    § 10-13-35. The governing body of a taxing district may impose an excess tax levy, with
17    an affirmative vote of at least two-thirds of the total membership of the governing body,
18    on or before July fifteenth of the year prior to the year the taxes are payable. The
19    governing body of the taxing district shall specify in the resolution the year or number of
20    years the excess tax levy is to be applied.
21The decision of the governing body to impose the excess tax levy must be published
22    in the legal newspaper designated by the governing body, within ten days of the body's
23    decision. The body must publish at least two additional notices in the district's legal
24    newspaper, the last of which must be published not more than seven days before the tax
25    levy takes effect, provided that there are at least five days between the publication of the
26    two notices. Each notice must:
27    (1)      Be at least three newspaper columns in width and four inches in length or at least
28one-sixth of a page in size, whichever size is greater;
29    (2)      Contain the following headline in a typeface no less than eighteen-point type:
30"ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in
31amount)";
32    (3)      Consist of a reproduction of the "Resolution for Opt Out," including the amount that
33property taxes is to be increased annually by the proposed opt out; and
34    (4)      Include a statement of the right to refer the decision of the board to a vote of the
35people as provided in this section.
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 26.237.22  12  1323
1The governing body is not required to meet the formatting and content
2    requirements required by subdivisions (3) and (4) if the excess tax levy is for less than
3    fifteen thousand dollars or if the body has, within twenty days of the decision to impose
4    the excess tax levy, mailed to every property taxpayer in the taxing district, by first class
5    or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the
6    resolution is published in each newspaper within the taxing district, as established in § 17-
7    2-2.1. The additional notices must be published at least three days after the mailing is
8    sent or the resolution is delivered to the official newspaper, whichever is later.
9If the opt out is for the purpose of increasing the secondary road levy pursuant to
10    § 31-12-27, only the registered voters within the area of the county not included in any
11    municipality, organized civil township, improvement district organized pursuant to chapter
12    7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote
13    on the referred decision. The taxing districts may not exceed the levy limits provided in
14    chapter 10-12 except for the provisions in § 10-12-36.
15The secretary of the Department of Revenue shall promulgate rules, pursuant to
16    chapter 1-26, prescribing the form to be used by the taxing district for notification of
17    taxpayers as required by this section.
18 Section 14. That a NEW SECTION be added to chapter 10-13:
19The registered voters of a taxing district may refer a resolution adopted by the
20    governing body of the taxing district to impose an excess tax levy by filing a petition with
21    the person in charge of the taxing district's elections, within twenty days of the first
22    publication of the decision. The petition must be signed by at least five percent of the
23    registered voters of the taxing district, or two thousand five hundred registered voters of
24    the taxing district, whichever is fewer.
25The election must be held on or before October first of the year prior to the time
26    the taxes are payable. The person in charge of the taxing district's elections shall give
27    notice that the question is to be on the ballot at the next scheduled election or at a special
28    election called for that purpose and prepare official ballots as provided by law.
29 Section 15. That § 11-2-47.1 be AMENDED:
3011-2-47.1. The board's decision to incorporate the special zoning area may be
31    referred to a vote of the qualified voters of the proposed special zoning area pursuant to
32    §§ 7-18A-17 to 7-18A-24, inclusive.
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                                                                             Overstrikes indicate deleted language.
 26.237.22  13  1323
1The qualified registered voters of the proposed special zoning area may refer the
2    decision within twenty days after its publication, by filing a petition with the person in
3    charge of the jurisdiction's elections, within twenty days of the publication of the decision.
4    The petition must be signed by at least five percent of the registered voters in the special
5    zoning area, based upon the total number of registered voters at the last preceding
6    general election. The filing of a valid petition requires the submission of the decision to
7    incorporate the special zoning area to a vote of the qualified voters of the proposed special
8    zoning area for its rejection or approval. The, or two thousand five hundred registered
9    voters of the special zoning area, whichever is fewer.
10Upon the filing of a referendum petition, the effective date of the incorporation of
11    the special zoning area on which a referendum is to be held shall be is suspended by the
12    filing of a referendum petition until the referendum process is completed.
13 Section 16. That § 13-7-32 be AMENDED:
1413-7-32. A school board resolution to increase school board terms to four years
15    or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a
16    referendum if five percent of the registered voters of the school district, based upon the
17    total number of registered voters in the school district at the last preceding general
18    election, petition, within twenty days after the resolution is enacted, to have the question
19    of approval or disapproval of the resolution to increase or decrease term limits placed
20    upon the ballot at the next scheduled election or at a special election called for that
21    purpose. The registered voters of a school district may refer a resolution adopted by the
22    board of a school district to increase or decrease the term of the members of a school
23    board, pursuant to § 13-8-2, by filing a petition with the business manager of the school
24    district, within twenty days of the enactment of the resolution. The petition must be signed
25    by at least five percent of the registered voters of the school district, based upon the total
26    number of registered voters in the school district at the last preceding general election, or
27    two thousand five hundred registered voters of the school district, whichever is fewer.
28Within ten days of the presentation of a petition, the board of the school district
29    shall order and fix the date for holding a special election on a Tuesday between thirty and
30    fifty days from the date of the order. If a petition is filed within the ninety days prior to a
31    regular school district election and with sufficient time to comply with the requirements of
32    this chapter, the question must be submitted at that election.
33The business manager shall give notice that the question will is to be on the ballot
34    at the next scheduled election or at a special election called for that purpose as provided
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 26.237.22  14  1323
1    by law for school elections and prepare official ballots according to the provisions of this
2    title chapter.
3 Section 17. That § 13-16-6.4 be AMENDED:
413-16-6.4. Approval to enter into an agreement or issue capital outlay certificates
5    pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters,
6    based upon the total number of registered voters at the last preceding general election,
7    petition, within twenty days thereafter, to have the question of approval to enter into the
8    agreement or issue capital outlay certificates placed upon the ballot at a special election
9    called for that purpose and The registered voters of a school district may refer a decision
10    of the board of a school district to enter into an agreement or issue capital outlay
11    certificates, pursuant to § 13-16-6.3, by filing a petition with the business manager of the
12    school district, within twenty days of the decision to enter into the agreement or issue the
13    certificates. The decision must be signed by at least five percent of the registered voters
14    of the school district, based upon the total number of registered voters in the school
15    district at the last preceding general election, or two thousand five hundred registered
16    voters of the school district, whichever is fewer.
17The question of approval to enter into the agreement or issue capital outlay
18    certificates must be placed on the ballot of a special election called for that purpose and
19    held on:
20    (1)      The first Tuesday after the first Monday in March;
21    (2)      The first Tuesday after the first Monday in June; or
22    (3)      The first Tuesday after the first Monday in November.
23If the bond election is held on a date listed in subdivision (2) or (3) in an even-
24    numbered year, the election must be held in conjunction with the regular primary or
25    general election, respectively. When the election is held in conjunction with the primary
26    or general election, the expenses and governmental responsibilities of a combined election
27    must be shared in a manner agreed upon by the board of the school district and the boards
28    of county commissioners involved.
29The business manager shall give notice that the question is to be on the ballot at
30    the regular or special election as provided by law for school elections and prepare official
31    ballots therefor according to the provisions of this title. Approval of the question to enter
32    into an agreement or issue capital outlay certificates requires an affirmative vote of at
33    least sixty percent of those voting on the question.
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 26.237.22  15  1323
1If the question submitted to the voters at an election is not approved by the voters,
2    the school board may, by resolution, place the question on the ballot at the next available
3    election provided by this section.
4 Section 18. That § 13-26-9 be AMENDED:
513-26-9. A decision by a school board to schedule the opening day of classes
6    before the first Tuesday following the first Monday in September may be referred to a vote
7    of the qualified voters of the school district by the filing of a petition signed by five percent
8    of the registered voters in the school district, based upon the total number of registered
9    voters voting at the last preceding general election, for districts with more than five
10    thousand registered voters. Petitions in districts with less than five thousand registered
11    voters must be signed by five percent of the total number of registered voters at the last
12    preceding general election. The board in scheduling the opening day of classes shall allow
13    sufficient time for the referendum process authorized in this section.The registered voters
14    of a school district may refer a resolution adopted by the board of a school district to
15    schedule the first day of classes before the first Tuesday following the first Monday in
16    September by filing a petition with the business manager of the school district, within
17    twenty days of the adoption of the resolution. The petition must be signed by at least five
18    percent of the registered voters of the school district, based upon the total number of
19    registered voters in the school district at the last preceding general election, or two
20    thousand five hundred registered voters of the school district, whichever is fewer.
21 Section 19. That § 13-64-7 be AMENDED:
2213-64-7. A decision by a school board to implement a school sentinel program
23    pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school
24    district by the filing of a petition signed by five percent of the registered voters in the
25    school district, based upon the total number of registered voters at the last preceding
26    general election.The registered voters of a school district may refer a resolution adopted
27    by the board of a school district to implement a school sentinel program, pursuant to § 13-
28    64-1, by filing a petition with the business manager of the school district, within twenty
29    days of the adoption of the resolution. The petition must be signed by at least five percent
30    of the registered voters of the school district, based upon the total number of registered
31    voters in the school district at the last preceding general election, or two thousand five
32    hundred registered voters of the school district, whichever is fewer.
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 26.237.22  16  1323
1The board shall allow sufficient time for the referendum process authorized in this
2    section.
3 Section 20. That § 7-18A-15.1 be REPEALED.
4Any legislative decision of a board of county commissioners is subject to the
5    referendum process. A legislative decision is one that enacts a permanent law or lays
6    down a rule of conduct or course of policy for the guidance of citizens or their officers. Any
7    matter of a permanent or general character is a legislative decision.
8No administrative decision of a governing body is subject to the referendum
9    process, unless specifically authorized by this code. An administrative decision is one that
10    merely puts into execution a plan already adopted by the governing body itself or by the
11    Legislature. Supervision of a program is an administrative decision. Hiring, disciplining,
12    and setting the salaries of employees are administrative decisions.
13 Section 21. That § 7-18A-16 be REPEALED.
14A petition to refer an ordinance or resolution subject to referendum may be filed
15    with the auditor within twenty days after publication of the ordinance or resolution in the
16    last to publish official county newspaper. The filing of the petition requires the submission
17    of the ordinance or resolution to a vote of the qualified voters of the county for rejection
18    or approval of the ordinance or resolution.
19 Section 22. That § 9-20-19 be REPEALED.
20Any legislative decision of a governing body is subject to the referendum process.
21    A legislative decision is one that enacts a permanent law or lays down a rule of conduct
22    or course of policy for the guidance of citizens or their officers. Any matter of a permanent
23    or general character is a legislative decision.
24No administrative decision of a governing body is subject to the referendum
25    process, unless specifically authorized by this code. An administrative decision is one that
26    merely puts into execution a plan already adopted by the governing body itself or by the
27    Legislature. Supervision of a program is an administrative decision. Hiring, disciplining,
28    and setting the salaries of employees are administrative decisions.
29 Section 23. That § 13-26-10 be REPEALED.
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26.237.22  17  1323
1A petition to refer a school board decision may be filed with the business manager
2    of the school district within twenty days after its publication. The filing of the petition shall
3    require the submission of the decision to a vote of the qualified voters of the school district
4    for its rejection or approval.
5 Section 24. That § 13-64-8 be REPEALED.
6A petition to refer a school board decision pursuant to § 13-64-7 may be filed with
7    the business manager of the school district within twenty days after its publication. The
8    filing of the petition shall require the submission of the decision to a vote of the qualified
9    voters of the school district for its rejection or approval.
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                                                                               Overstrikes indicate deleted language.