2007 Session Laws Chapter 36

ENTITLED, An Act to clarify the authority of county commissioners to set their annual salary.

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

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

7-7-3. County commissioners may be compensated at the rate of eighty dollars per month and in addition may be allowed, either in per diem or monthly salary, an amount totaling no more than the amount prescribed in § 7-7-5. The method of payment, whether per diem or salary, and the amount of per diem or salary shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the per diem amount for each day they are actually and necessarily employed in the duties and business relating to county affairs and the duties of their office and in attending and returning from sessions of the board. The county commissioners shall be allowed mileage for the distance actually traveled in attending the meetings of the board, or when engaged in other official duties. The per diem shall be paid out of the general county fund. The per diem shall be set by the commission on the first regular meeting date in January of each year.

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

7-7-6. When the members of such commission shall act in drainage matters, the rate of compensation shall be ~~the same as provided in § 7-7-3~~ set by the commission and the amount so received shall not be included in the ~~limit of~~ compensation provided in § 7-7-5.