SB 165 South Dakota Senate · 2026 Regular Session

revise certain provisions pertaining to municipal government.

SB 165 revises key procedures for South Dakota municipalities, affecting mayors, council members, and appointed officials. It clarifies that temporary mayoral absences or incapacitation do not create vacancies and requires written resignations with specified effective dates. The bill updates residency rules for elective office to mandate three months of residence in the municipality (or annexed areas) and specifies that appointed officers in mayor-council cities are selected by the mayor with council approval, while other cities appoint via majority vote of the governing body. These changes apply directly to all South Dakota cities and towns governed by municipal charters.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 29, 2026 Signed Mar 4, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 6 edits · Feb 23, 2026

MODERATE

This bill amends South Dakota municipal government laws to clarify vacancy procedures for mayors, update eligibility requirements for elected officials, and standardize appointment processes for appointed municipal officers. The changes streamline how vacancies are filled, define when officers must file oaths of office, and establish clearer rules for removing appointed officials.

Scope change

The bill applies to all municipalities in South Dakota governed by either a mayor and common council or other forms of municipal government, affecting both elected and appointed officials.

REQUIREMENT

Clarified that the president of the council serves as mayor pro tempore when the mayor's office is vacant, with the vice president stepping in during the president's temporary absence or incapacity.

Established specific timelines for appointed and elected officers to file oaths of office with the municipal finance officer within ten days after the first meeting of the month following appointment or election.

Clarified that appointed officers must provide a bond for faithful performance of duties, with municipalities able to provide blanket coverage instead of individual bonds.

ELIGIBILITY

Reduced the residency requirement for holding elective office from six months to three months preceding election or appointment.

ENFORCEMENT

Created automatic vacancy provisions when appointed officers fail to file required oath forms within the specified timeframe.

Established that appointed officers in municipalities with boards of commissioners or trustees may be removed by majority vote of qualified governing body members.

Floor votes · Senate Feb 12, 2026 · House Feb 20, 2026

How they voted

33–0

Passed · 2 other

Total votes 35

Feb 12, 2026

D Democratic3

3 Yea

100% Yea

R Republican32

30 Yea 2

93% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 4, 2026

Signed into law

Signed by the Governor on 2026-03-04 S.J. 452

executive

Feb 24, 2026

Lower · Passed

Signed by the Speaker H.J. 435

lower

Feb 23, 2026

Lower · Passed

Signed by the President S.J. 365

lower

Feb 20, 2026

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 50, NAYS 17 H.J. 397

lower

Feb 19, 2026

Lower · Passed

Local Government Do Pass , Passed, YEAS 10, NAYS 2

lower

Feb 17, 2026

Introduced

First read in House and referred to House Local Government H.J. 334

lower

Feb 12, 2026

Upper · Passed

Senate Do Pass , Passed, YEAS 33, NAYS 0 S.J. 261

upper

Feb 11, 2026

Upper · Passed

Certified uncontested, placed on consent , Passed,

upper

Feb 11, 2026

Upper · Passed

Local Government Do Pass , Passed, YEAS 7, NAYS 0

upper

Jan 29, 2026

Introduced

First read in Senate and referred to Senate Local Government S.J. 140

upper

2 primary · 0 co-sponsors