21.348.18 96th Legislative Session 369

2021 South Dakota Legislature

House Bill 1191

SENATE JUDICIARY ENGROSSED

Introduced by: Representative Odenbach

An Act to allow an expedited process for local intergovernmental legal disputes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

15-6-72.1. Local intergovernmental actions--Expedited action--Alternative dispute resolution.

In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed:

(1) Under the expedited civil action process set out in §§ 15-6-73 to 15-6-76.1, inclusive, regardless of any amount in controversy; or

(2) To alternative dispute resolution, other than binding arbitration, on such terms as the court may order.

Section 2. That a NEW SECTION be added:

15-6-72.2. Definition--Local government body.

For the purposes of § 15-6-72.1, the term, local government body, shall mean:

(1) Any county, municipality, township, or unincorporated territory;

(2) Any school district;

(3) Any organization that offers a public service, organized or authorized by a county, municipality, or township, including law enforcement, fire protection services, or emergency medical services; and

(4) Any special district including ambulance districts under chapter 34-11A, conservation districts under chapter 38-8, consumer power districts under chapters 49-35 through 49-40, drainage basis utility districts under chapter 46A-10B, improvement districts under chapter 7-25A, irrigation districts under chapters 46A-4 through 46A-7, predator control districts under chapter 40-37, public hospital districts under chapter 34-10, regional railroad authorities under chapter 49-17A, regional recycling and waste management districts under chapter 34A-16, road districts under chapter 31-12A, rural fire protection districts under chapter 34-31A, sanitary districts under chapter 34A-5, water development districts under chapters 46A-3A through 46A-3E, water project districts under chapter 46A-18, water user districts under chapter 46A-9, or watershed districts under chapter 46A-14.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.