South Dakota Statutes

§ 9-20-19 — Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum.

South Dakota § 9-20-19
JurisdictionSouth Dakota
Title 9MUNICIPAL GOVERNMENT
Ch. 9-18INITIATIVE AND REFERENDUM

This text of South Dakota § 9-20-19 (Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 9-20-19 (2026).

Text

Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision. No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.

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Related

Finck v. City of Tea
443 N.W.2d 632 (South Dakota Supreme Court, 1989)
28 case citations
Christensen v. Carson
533 N.W.2d 712 (South Dakota Supreme Court, 1995)
12 case citations
Vitek v. Bon Homme County Board of Commissioners
2002 SD 45 (South Dakota Supreme Court, 2002)
12 case citations
Wang v. Patterson
469 N.W.2d 577 (South Dakota Supreme Court, 1991)
12 case citations
Beals v. Pickerel Lake Sanitary District
1998 SD 42 (South Dakota Supreme Court, 1998)
5 case citations
Grant County Concerned Citizens v. Grant County Board of Commissioners
2011 S.D. 5 (South Dakota Supreme Court, 2011)
2 case citations
Okerson v. COMMON COUNCIL OF HOT SPRINGS
2009 SD 30 (South Dakota Supreme Court, 2009)

Legislative History

SL 1986, ch 73, § 2.

Nearby Sections

15
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Bluebook (online)
South Dakota § 9-20-19, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/9-20-19.