CHAPTER 40

(HB 1082)

Procedures for changing the number of county commissioners revised.

         ENTITLED, An Act to  modify the procedure for changing the number of county commissioners in a county.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 7-8-3 be amended to read as follows:

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     7-8-3.   The number of county commissioners of any county may be increased to five or seven or reduced to five or three. If fifteen percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, petition the board of county commissioners for an increase or decrease in the number of county commissioners, the board shall submit the question to a vote of the voters of the county at the next primary general election. Notice of the submission of such question shall be given in the notice of such primary the general election.

     Section  2.  That § 7-8-6 be amended to read as follows:

     7-8-6.   If at such election a majority of all votes cast is for an increase, the board within ten one hundred eighty days after the votes have been canvassed shall redistrict the county into numbered districts. As to any members of such board whose terms of office extend for an additional two years beyond the commencement of the next calendar year next general election , the tenure of office is not affected, and in redistricting the county the board shall designate the districts to be represented by such members , the districts so designated to be districts which would elect a commissioner at the next general election following that to be held in the current year. Such . The commissioner shall be a resident of the district that the commissioner is designated to represent. Each district for which representation is not provided by such designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in §   7-8-1.

     Section  3.  That § 7-8-7 be amended to read as follows:

     7-8-7.   If the election results in a majority for a decrease, the five or seven districts are thereby abolished and the board, within ten one hundred eighty days after the votes have been canvassed, shall redistrict the county into three or five numbered districts from each of which districts a commissioner shall be elected at the next general election, the term of office to be determined as provided in §   7-8-1.

     Section  4.  That § 7-8-9 be repealed.

     Signed February 20, 2003.

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