ENTITLED, An Act to specify the venue for certain appeals involving home-rule municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (1) of § 1-26-1 be amended to read as follows:
(1) "Agency," each association, authority, board, commission, committee, council,
department, division, office, officer, task force, or other agent of the state vested with the
authority to exercise any portion of the state's sovereignty. The term includes a home-rule
municipality that has adopted its own administrative appeals process, whose final
decisions, rulings, or actions rendered by that process are subject to judicial review
pursuant to this chapter. The term does not include the Legislature, the Unified Judicial
System, any unit of local government, or any agency under the jurisdiction of such exempt
departments and units unless the department, unit, or agency is specifically made subject
to this chapter by statute;
Section 2. That § 1-26-31.1 be amended to read as follows:
1-26-31.1. The venue of the appeal is as follows:
(1) If the appellant is a resident of this state, to the circuit court for the county of the
appellant's residence or to the circuit court for Hughes County, as the appellant may elect;
(2) If the appellant is a nonresident or a foreign corporation, to the circuit court for the county
of appellant's principal place of business in South Dakota or to the circuit court for
Hughes County as the appellant may elect;
(3) The parties may stipulate for venue in any county in the state, and the circuit court for
such county shall thereupon hear the appeal;
(4) An appeal from a final decision, ruling, or action rendered by an administrative appeals
process adopted by a home-rule municipality shall be appealed to the circuit court in
which the home-rule municipality is located.
Appeals from a single administrative action may not proceed in more than one county. If multiple
appeals of a single action are filed in more than one county, the appeals shall be consolidated and
heard in the county in which the appeal is first filed. If more than one appeal is first filed on the same
date and a stipulation among the parties as to venue cannot be reached, the venue of the appeal is in
the circuit court for Hughes County.
An Act to specify the venue for certain appeals involving home-rule municipalities.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1096
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President Pro Tempore of the
Senate
____________________________
Secretary of the Senate
House Bill No. 1096
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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