CHAPTER 37

(SB 135)

Sheriff salary increased.


         ENTITLED, An Act to  increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

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

     Section  1.  That § 7-7-9.1 be amended to read as follows:

     7-7-9.1.   The board of county commissioners shall establish, by resolution, the salary payable to the county treasurer, county auditor, and county register of deeds. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

    County Population   Salary Schedule  
     Below 10,000        $25,689 $27,480  
    10,000-14,999        26,234 $28,062  
    15,000-24,999        27,305 $29,208  
    25,000-69,999        29,983 $32,073  
    70,000 and over        32,324 $34,577  

     The board of county commissioners may not decrease the salary of the county treasurer, county auditor, or county register of deeds during consecutive terms of office of the county treasurer, county auditor, or county register of deeds.

     Section  2.  That § 7-7-9.1 be amended to read as follows:

     7-7-9.1.   The board of county commissioners shall establish, by resolution, the salary payable to the county treasurer, county auditor, and county register of deeds. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

    County Population   Salary Schedule  
     Below 10,000        $25,689 $29,270  
    10,000-14,999        26,234 $29,891  
    15,000-24,999        27,305 $31,111  
    25,000-69,999        29,983 $34,163  
    70,000 and over        32,324 $36,830  

     The board of county commissioners may not decrease the salary of the county treasurer, county auditor, or county register of deeds during consecutive terms of office of the county treasurer, county auditor, or county register of deeds.

     Section  3.  That § 7-7-10.1 be amended to read as follows:

     7-7-10.1.   The board of county commissioners shall establish, by resolution, the salary payable for the combination of two or more of the following county elected positions. The salary payable may not be less than the minimum salary provided by this section as based upon the most recent decennial federal census of population for counties.

     For the combination of two of the following: county treasurer, county auditor, or county register of deeds, the minimum salary for counties shall be:

    County Population   Salary Schedule  
     Below 10,000        $27,000 $28,881  
    10,000-14,999        28,500 $30,485  
    15,000-24,999        30,000 $32,090  
    25,000-69,999        33,000 $35,300  
    70,000 and over        36,000 $38,510  

     For the combination of all three of the following: county treasurer, county auditor, and county register of deeds, the minimum salary for counties shall be:

    County Population   Salary Schedule  
     Below 10,000        $29,000 $31,020  
    10,000-14,999        30,500 $32,625  
    15,000-24,999        32,000 $34,230  
    25,000-69,999        35,000 $37,440  
    70,000 and over        39,000 $41,720  

     Section  4.  That § 7-7-10.1 be amended to read as follows:

     7-7-10.1.   The board of county commissioners shall establish, by resolution, the salary payable for the combination of two or more of the following county elected positions. The salary payable may not be less than the minimum salary provided by this section as based upon the most recent decennial federal census of population for counties.

     For the combination of two of the following: county treasurer, county auditor, or county register of deeds, the minimum salary for counties shall be:

    County Population   Salary Schedule  
     Below 10,000        $27,000 $30,764  
    10,000-14,999        28,500 $32,475  
    15,000-24,999        30,000 $34,185  
    25,000-69,999        33,000 $37,600  
    70,000 and over        36,000 $41,018  

     For the combination of all three of the following: county treasurer, county auditor, and county register of deeds, the minimum salary for counties shall be:

    County Population   Salary Schedule  
     Below 10,000        $29,000 $33,045  
    10,000-14,999        30,500 $34,752  
    15,000-24,999        32,000 $36,460  
    25,000-69,999        35,000 $39,880  
    70,000 and over        39,000 $44,437  

     Section  5.  That § 7-7-12 be amended to read as follows:

     7-7-12.   The board of county commissioners shall establish, by resolution, the salary payable to the state's attorney. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

County Population   Salary Schedule  
Below 5,000   $26,250 $28,075  
5,000 - 9,999   $28,600 $30,600  
10,000 - 20,000   $33,800 $36,150  
20,000 - 49,999   $36,250 $38,775  

     In counties of over fifty thousand population where a full-time state's attorney is required or in counties where the commissioners designate the position full-time the sum of fifty-four thousand four hundred fifty-eight thousand one hundred fifty dollars per year. In counties of less than fifty thousand population the commissioners may designate the position full-time. The decision by the commissioners shall be adopted prior to the first day of January in the year of the election and may not be amended for that term of office. However, if no state's attorney is elected to the office at any general election, the board of county commissioners may contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners. The board of county commissioners may not decrease the salary of the state's attorney during consecutive terms of office of the state's attorney.

     Section  6.  That § 7-7-12 be amended to read as follows:

     7-7-12.   The board of county commissioners shall establish, by resolution, the salary payable to the state's attorney. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

County Population   Salary Schedule  
Below 5,000   $26,250 $29,900  
5,000 - 9,999   $28,600 $32,600  
10,000 - 20,000   $33,800 $38,500  
20,000 - 49,999   $36,250 $41,300  

     In counties of over fifty thousand population where a full-time state's attorney is required or in counties where the commissioners designate the position full-time the sum of fifty-four thousand four hundred sixty-one thousand nine hundred dollars per year. In counties of less than fifty thousand population the commissioners may designate the position full-time. The decision by the commissioners shall be adopted prior to the first day of January in the year of the election and may not be amended for that term of office. However, if no state's attorney is elected to the office at any general election, the board of county commissioners may contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners. The board of county commissioners may not decrease the salary of the state's attorney during consecutive terms of office of the state's attorney.

     Section  7.  That § 7-12-15 be amended to read as follows:

     7-12-15.   The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.

    County Population   Salary Schedule  
    Below 10,000   $31,299 $33,700  
    10,000-14,999   $33,917 $36,300  
    15,000-24,999   $35,017 $37,451  
    25,000-69,999   $39,217 $41,943  
    70,000 and over   $42,590 $45,550  

     The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.

     Section  8.  That § 7-12-15 be amended to read as follows:

     7-12-15.   The board of county commissioners shall establish, by resolution, the salary payable to the sheriff. The salary payable may not be less than the following schedule based upon the most recent decennial federal census of population of counties.

    County Population   Salary Schedule  
    Below 10,000   $31,299 $35,700  
    10,000-14,999   $33,917 $38,700  
    15,000-24,999   $35,017 $39,900  
    25,000-69,999   $39,217 $44,700  
    70,000 and over   $42,590 $48,600  

     The board of county commissioners may not decrease the salary of the sheriff during consecutive terms of office of the sheriff. Any sheriff having responsibility for managing a full-time jail shall receive an additional ten percent added to the base salary listed in this section.

     Section  9.  Sections 1, 3, 5, and 7 of this Act are effective on January 1, 2008. Sections 2, 4, 6, and 8 of this Act are effective on January 1, 2009.

     Signed March 7, 2007
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