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S.D. Codified Laws § 9-20-19

Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum

Applied in 7 court decisions — leading case Vitek v. Bon Homme County Board of Commissioners (2002)

Most recently applied in Grant County Concerned Citizens v. Grant County Board of Commissioners (February 2011)

Source: SL 1986, ch 73, § 2.

How often courts cite this section

199120002010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.

No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.