South Dakota 2026 Regular Session Status: In Committee 10 R cosponsors

HB 1323 — modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

Last action — House of Representatives Failed to concur, no committee appointed , Passed, YEAS 40, NAYS 27 H.J. 550

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced February 04, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 46% · moderate confidence
  • In Committee

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (10 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

508 added · 446 removed

508 line(s) added, 446 removed.

→
Previous
Latest
26.237.21 101st Legislative Session 1323 South Dakota Legislature House Bill 1323 SENATE STATE AFFAIRS ENGROSSED Introduced by:
26.237.22 101st Legislative Session 1323 South Dakota Legislature House Bill 1323 SENATE ENGROSSED Introduced by:
Representative Aylward An Act to amend the time required for filing a petition referring an ordinance or resolution of a political subdivision.
Representative Aylward An Act to modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.
Except as otherwise provided in this section, an ordinance or resolution passed by a board of county commissioners takes effect on the thirtieth day after the final publication of the ordinance or resolution in the county's official newspapers, as designated pursuant to § 7-18-3.
Except as otherwise provided in this section, an ordinance or resolution passed by a board of county commissioners takes effect on the twentieth day after the final publication of the ordinance or resolution in the county's official newspapers, as designated pursuant to § 7-18-3.
26.237.21 2 1323 7-18A-15.
26.237.22 2 1323 7-18A-15.
Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions asThe registered voters of a county may refer an ordinance or resolution adopted by the board of county commissioners to the voters of the county by filing a petition with the county auditor, within thirty days of the adoption of the ordinance or resolution.
Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions asThe registered voters of a county may refer an ordinance or resolution adopted by the board of county commissioners to the voters of the county by filing a petition with the county auditor, within twenty days of the publication of the decision in each of the county's official newspapers, as designated pursuant to § 7-18-3.
The petition must be signed by at least five percent of the registered voters of the county, based upon the total number of registered voters in the county at the last general election.
The petition must be signed by at least five percent of the registered voters of the county, based upon the total number of registered voters in the county at the last general election, or two thousand five hundred registered voters of the county, whichever is fewer.
The registered voters of a county may not refer:
Unless otherwise permitted by law, the registered voters of a county may not refer:
or (2) A decision that:
or (2) An ordinance, resolution, or other decision that:
Upon the adoption of an ordinance in revision by the board, the auditor shall publish a notice, once each week for two successive weeks, in the legal newspapers designated pursuant to § 7-18-3, a notice that an ordinance in revision was adopted.Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper.
Upon the adoption of an ordinance in revision by the board that revises the ordinances of the county, pursuant to § 7-18A-28, the auditor shall publish a notice, once each week for two successive weeks, in the legal newspapers designated pursuant to § 7-18-3, a notice that an ordinance in revision was adopted.Twenty days after the completed publication of the notice, unless the referendum shall have been invoked, such ordinance shall become effective without publication in a newspaper.
The ordinance is effective thirty days after the second publication of the notice.
The ordinance is effective twenty days after the second publication of the notice.
The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.The registered voters living in the municipality and area designated for Overstrikes indicate deleted language.
The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the Overstrikes indicate deleted language.
26.237.21 3 1323 annexation by the municipality may refer a resolution adopted by the governing body of the municipality to annex land for the purpose of expanding the municipality's boundaries by filing a petition with the municipal finance officer.
26.237.22 3 1323 combined area of the municipality and special annexation precinct for its rejection or approval.The registered voters living in the municipality and area designated for annexation by the municipality may refer a resolution adopted by the governing body of the municipality to annex land for the purpose of expanding the municipality's boundaries by filing a petition with the municipal finance officer, within twenty days of the publication of the decision.
The petition must be signed by at least five percent of the registered voters residing in the combined area of the municipality and area designated for annexation, based on the number of the registered voters of the area, as determined by the county auditor pursuant to § 9-20-8, within thirty days of the adoption of the ordinance or resolution.
The petition must be signed by at least five percent of the registered voters residing in the combined area of the municipality and area designated for annexation, based on the number of the registered voters of the area, as determined by the county auditor pursuant to § 9-20-8, or two thousand five hundred registered voters residing in the same area, whichever is fewer.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.Except as otherwise provided in this section, an ordinance or resolution passed by the governing body of a municipality takes effect on the thirtieth day after the publication of the ordinance or resolution in the municipality's legal newspaper, as designated pursuant to § 9-12-6.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.Except as otherwise provided in this section, an ordinance or resolution passed by the governing body of a municipality takes effect on the twentieth day after the publication of the ordinance or resolution in the municipality's legal newspaper, as designated pursuant to § 9-12-6.
9-20-6.
Overstrikes indicate deleted language.
26.237.22 4 1323 9-20-6.
If filed Overstrikes indicate deleted language.
If filed on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.The registered voters of a municipality may refer an ordinance or resolution adopted by the governing body of the municipality to the voters of the municipality by filing a petition with the municipal finance officer, within twenty days of the publication of the decision.
26.237.21 4 1323 on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.
The petition must be signed by at least five percent of the registered voters of the municipality, based on the number of the registered voters of the municipality, as recorded by the county auditor pursuant to § 9-2-2, or two thousand five hundred registered voters of the municipality, whichever is fewer.
The registered voters of a municipality may refer an ordinance or resolution adopted by the governing body of the municipality to the voters of the municipality by filing a petition with the municipal finance officer.
The petition must be filed with the finance officer before the normal finance office closing time on the twentieth day.
The petition must be signed by at least five percent of the registered voters of the municipality, based on the number of the registered voters of the municipality, as recorded by the county auditor pursuant to § 9-2-2, within thirty days of the adoption of the ordinance or resolution.
Unless otherwise permitted by law, the registered voters of a municipality may not refer:
The petition must be filed with the finance officer before the normal finance office closing time on the thirtieth day.
(1) An ordinance or resolution that may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the municipal government and its existing public institutions;
or (2) An ordinance, resolution, or other decision that:
(a) Executes a plan already adopted by the governing body or by the Legislature;
or (b) Provides for the supervision of municipal programs, employees, or officials.
If the individual lives within a second-class or third-class municipality, the individual may provide the individual's post office box number in lieu of a street address.
If Overstrikes indicate deleted language.
26.237.22 5 1323 the individual lives within a second-class or third-class municipality, the individual may provide the individual's post office box number in lieu of a street address.
Overstrikes indicate deleted language.
(1) The decision of the governing body to originally impose or subsequently increase an excess tax levy shall be first published within ten days of the decision;
26.237.21 5 1323 (1) The decision of the governing body to originally impose or subsequently increase an excess tax levy shall be first published within ten days of the decision;
The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the school district for notification of taxpayers as required by this section.However, the requirements of subdivisions (3) and (4) shall be waived if:
The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the school district for notification of taxpayers as required by this section.
However, the requirements of subdivisions (3) and (4) shall be waived if:
and (C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.
and Overstrikes indicate deleted language.
26.237.22 6 1323 (C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.
Overstrikes indicate deleted language.
The board shall specify in the resolution the year or number of years the excess tax is to be applied.
26.237.21 6 1323 The board shall specify in the resolution the year or number of years the excess tax is to be applied.
The additional notices must be published at least three days after the mailing is sent or the resolution is delivered to the official newspaper, whichever is later.
The additional Overstrikes indicate deleted language.
The registered voters of a school district may refer a resolution adopted by the board of a school district to impose an excess tax levy by filing a petition with the business manager of the school district.
26.237.22 7 1323 notices must be published at least three days after the mailing is sent or the resolution is delivered to the official newspaper, whichever is later.
The petition must be signed by at least five percent of the registered voters of the school district, based on the total number of registered voters of the school district, within thirty days of the adoption of the resolution.
The referendum election must be held on or before October first of the year prior to the time the taxes are payable.
The business manager shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose, as provided by chapter 13-7, and prepare official ballots according to the provisions of this chapter.
Overstrikes indicate deleted language.
Section 9.
Show all 130 changed rows (90 more)
Previous
Latest
26.237.21 7 1323 Section 9.
That § 10-12-43.1 be AMENDED:
10-12-43.1.
A school district may raise additional revenues for capital outlay fund purposes through the imposition of an excess tax levy.
A school district seeking to impose an excess tax levy pursuant to this section is subject to the same opt out procedures and requirements as provided in § 10-12-43.
The opt out decision may be referred to a vote of the people in the same manner as provided in § 10-12-43.
A school district imposing an excess tax levy pursuant to this section shall exclude any additional revenue generated by the excess tax levy from the total tax revenues deposited in the capital outlay fund when calculating the maximum allowable transfer to the school district's general fund authorized under § 13-16-6.
Any additional Additional revenue generated by the excess tax levy may only be used for capital outlay fund purposes pursuant to § 13-16-6.
In no year may the annual tax levy for capital outlay fund purposes exceed the levy authorized under § 13-16-7.
Section 10.
That a NEW SECTION be added to chapter 10-12:
The registered voters of a school district may refer a resolution adopted by the board of the school district to impose an excess tax levy, pursuant to § 10-12-43 or 10- 12-43.1, by filing a petition with the business manager of the school district, within twenty days of the first publication of the decision.
The petition must be signed by at least five percent of the registered voters of the school district, based on the total number of registered voters of the school district, or two thousand five hundred registered voters of the school district, whichever is fewer.
The election must be held on or before October first of the year prior to the time the taxes are payable.
The business manager shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots according to the provisions of chapter 13-7.
Section 11.
10-13-35.13.
Overstrikes indicate deleted language.
26.237.22 8 1323 10-13-35.13.
The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for notification of taxpayers as required by this section.However, the requirements of subdivisions (2) and (3) are waived if:
The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for notification of taxpayers as required by this section.
However, the requirements of subdivisions (2) and (3) are waived if:
The referendum election shall be held on or before October first preceding the year the taxes are payable.The governing body of a taxing district may, by resolution, impose the levy Overstrikes indicate deleted language.
The referendum election shall be held on or before October first preceding the year the taxes are payable.The governing body of a taxing district may, by resolution, impose the levy provided in § 10-13-35.12.
26.237.21 8 1323 provided in § 10-13-35.12.
The body may impose the tax levy with an affirmative vote of Overstrikes indicate deleted language.
The body may impose the tax levy with an affirmative vote of at least two-thirds of the total membership of the body, on or before July fifteenth of the year prior to the year in which the taxes are payable.
26.237.22 9 1323 at least two-thirds of the total membership of the body, on or before July fifteenth of the year prior to the year in which the taxes are payable.
(3) Consist of a reproduction of the resolution including the amount that property taxes are to be imposed;
(3) Consist of a reproduction of the resolution, including the amount that property taxes are to be imposed;
The registered voters of a taxing district may refer a resolution adopted by the governing body of a taxing district to impose a tax levy by filing a petition with the finance officer of the taxing district.
The secretary of the Department of Revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the notification of taxpayers as required by this section.
The petition must be signed by at least five percent of the registered voters of the taxing district, based on the total number of registered voters of the taxing district, within thirty days of the adoption of the resolution.
Section 12.
That a NEW SECTION be added to chapter 10-13:
The registered voters of a taxing district may refer a resolution adopted by the governing body of the taxing district to impose an excess tax levy by filing a petition with the person in charge of the taxing district's elections, within twenty days of the first publication of the decision.
The petition must be signed by at least five percent of the Overstrikes indicate deleted language.
26.237.22 10 1323 registered voters of the taxing district, or two thousand five hundred registered voters of the taxing district, whichever is fewer.
The business manager shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose, as provided by chapter 9-13, and prepare official ballots according to the provisions of this chapter.
The person in charge of the taxing district's elections shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots according to the provisions of chapter 9-13.
Overstrikes indicate deleted language.
Section 13.
26.237.21 9 1323 The secretary of the Department of Revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for the notification of taxpayers as required by this section.
Section 10.
On any excess tax levy approved after July 1, 2002, the governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will be applied.The requirements for an announcement made pursuant to this section are as follows:
On any excess tax levy approved after July 1, 2002, the governing body of the taxing district shall specify in the resolution the year or number of years the excess tax levy will be applied.
The requirements for an announcement made pursuant to this section are as follows:
(A) The opt out is for less than fifteen thousand dollars;
Overstrikes indicate deleted language.
26.237.22 11 1323 (A) The opt out is for less than fifteen thousand dollars;
and Overstrikes indicate deleted language.
and (C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.
26.237.21 10 1323 (C) A copy of the resolution for opt out is printed in each official newspaper in the local governmental unit's boundaries.
The governing body is not required to meet the formatting and content requirements required by subdivisions (3) and (4) if the excess tax levy is for less than fifteen thousand dollars or if the body has, within twenty days of the decision to impose the excess tax levy, mailed to every property taxpayer in the taxing district, by first class Overstrikes indicate deleted language.
Overstrikes indicate deleted language.
26.237.21 11 1323 or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the resolution is published in each newspaper within the taxing district, as established in § 17- 2-2.1.
26.237.22 12 1323 The governing body is not required to meet the formatting and content requirements required by subdivisions (3) and (4) if the excess tax levy is for less than fifteen thousand dollars or if the body has, within twenty days of the decision to impose the excess tax levy, mailed to every property taxpayer in the taxing district, by first class or bulk mail, a copy of the resolution authorizing the excess tax levy and if a copy of the resolution is published in each newspaper within the taxing district, as established in § 17- 2-2.1.
The voters of the taxing district may refer a resolution adopted by the governing body of the taxing district to impose an excess tax levy by filing, with the officer in charge of elections for the taxing district, a petition signed by at least five percent of the registered voters of the taxing district, based upon the total number of registered voters in the taxing district, within thirty days of the adoption of the resolution.
The referendum election must be held on or before October first of the year prior to the time the taxes are payable.
The officer in charge of the election shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots as provided by law.
Section 11.
Section 14.
That a NEW SECTION be added to chapter 10-13:
The registered voters of a taxing district may refer a resolution adopted by the governing body of the taxing district to impose an excess tax levy by filing a petition with the person in charge of the taxing district's elections, within twenty days of the first publication of the decision.
The petition must be signed by at least five percent of the registered voters of the taxing district, or two thousand five hundred registered voters of the taxing district, whichever is fewer.
The election must be held on or before October first of the year prior to the time the taxes are payable.
The person in charge of the taxing district's elections shall give notice that the question is to be on the ballot at the next scheduled election or at a special election called for that purpose and prepare official ballots as provided by law.
Section 15.
The qualified voters of the proposed special zoning area may refer the decision within twenty thirty days after its the publication of the decision, by filing a petition signed by five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election.
Overstrikes indicate deleted language.
26.237.22 13 1323 The qualified registered voters of the proposed special zoning area may refer the decision within twenty days after its publication, by filing a petition with the person in charge of the jurisdiction's elections, within twenty days of the publication of the decision.
The petition must be signed by at least five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election.
The Overstrikes indicate deleted language.
The, or two thousand five hundred registered voters of the special zoning area, whichever is fewer.
26.237.21 12 1323 Upon the filing of a referendum petition, the effective date of the incorporation of the special zoning area on which a referendum is to be held shall be is suspended by the filing of a referendum petition until the referendum process is completed.
Upon the filing of a referendum petition, the effective date of the incorporation of the special zoning area on which a referendum is to be held shall be is suspended by the filing of a referendum petition until the referendum process is completed.
Section 12.
Section 16.
The registered voters of a school district may refer a resolution adopted by the board of a school district to increase or decrease the term of the members of a school board, pursuant to § 13-8-2, by filing with the business manager of the school district, a petition signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, within thirty days of the adoption of the resolution.
The registered voters of a school district may refer a resolution adopted by the board of a school district to increase or decrease the term of the members of a school board, pursuant to § 13-8-2, by filing a petition with the business manager of the school district, within twenty days of the enactment of the resolution.
The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.
The business manager shall give notice that the question will is to be on the ballot at the next scheduled election or at a special election called for that purpose as provided by law for school elections and prepare official ballots according to the provisions of this title chapter.
The business manager shall give notice that the question will is to be on the ballot at the next scheduled election or at a special election called for that purpose as provided Overstrikes indicate deleted language.
Section 13.
26.237.22 14 1323 by law for school elections and prepare official ballots according to the provisions of this title chapter.
Section 17.
Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty thirty days thereafter, to have the question of approval to enter into the agreement or issue capital outlay certificates placed upon the ballot at a special election called for that purpose and held on:
Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval to enter into the agreement or issue capital outlay certificates placed upon the ballot at a special election called for that purpose and The registered voters of a school district may refer a decision of the board of a school district to enter into an agreement or issue capital outlay certificates, pursuant to § 13-16-6.3, by filing a petition with the business manager of the school district, within twenty days of the decision to enter into the agreement or issue the certificates.
Overstrikes indicate deleted language.
The decision must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.
26.237.21 13 1323 (1) The first Tuesday after the first Monday in March;
The question of approval to enter into the agreement or issue capital outlay certificates must be placed on the ballot of a special election called for that purpose and held on:
(1) The first Tuesday after the first Monday in March;
If the question submitted to the voters at an election is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next available election provided by this section.
Overstrikes indicate deleted language.
Section 14.
26.237.22 15 1323 If the question submitted to the voters at an election is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next available election provided by this section.
Section 18.
The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.The registered voters of a school district may refer a resolution adopted by the board of a school district to schedule the first day of classes before the first Tuesday following the first Monday in September by filing with the business manager of the school district, a petition signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, within thirty days of the adoption of the resolution.
The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.The registered voters of a school district may refer a resolution adopted by the board of a school district to schedule the first day of classes before the first Tuesday following the first Monday in September by filing a petition with the business manager of the school district, within twenty days of the adoption of the resolution.
Overstrikes indicate deleted language.
The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.
26.237.21 14 1323 Section 15.
Section 19.
A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election.The registered voters of a school district may refer a resolution adopted by the board of a school district to implement a school sentinel program, pursuant to § 13- 64-1, by filing with the business manager of the school district, a petition signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, within thirty days of the adoption of the resolution.
A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election.The registered voters of a school district may refer a resolution adopted by the board of a school district to implement a school sentinel program, pursuant to § 13- 64-1, by filing a petition with the business manager of the school district, within twenty days of the adoption of the resolution.
The board shall allow sufficient time for the referendum process authorized in this section.
The petition must be signed by at least five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, or two thousand five hundred registered voters of the school district, whichever is fewer.
Section 16.
Overstrikes indicate deleted language.
26.237.22 16 1323 The board shall allow sufficient time for the referendum process authorized in this section.
Section 20.
Section 17.
Section 21.
Section 18.
Section 22.
That § 9-20-19 be REPEALED.
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.
Section 23.
26.237.21 15 1323 A petition to refer a school board decision may be filed with the business manager of the school district within twenty days after its publication.
26.237.22 17 1323 A petition to refer a school board decision may be filed with the business manager of the school district within twenty days after its publication.
Section 19.
Section 24.
View plain text versions (7)

Action History

  1. House of Representatives Failed to concur, no committee appointed , Passed, YEAS 40, NAYS 27 H.J. 550

  2. Senate Do Pass Amended , Passed, YEAS 19, NAYS 15 S.J. 504

  3. Senate Motion to amend , Passed, S.J. 499 Amendment 1323G

  4. State Affairs Do Pass Amended , Passed, YEAS 5, NAYS 2 S.J. 39

  5. State Affairs Motion to amend , Passed, S.J. 39 Amendment 1323E

  6. Scheduled for hearing

  7. First read in Senate and referred to Senate State Affairs S.J. 357

  8. House of Representatives Do Pass Amended , Passed, YEAS 39, NAYS 28 H.J. 392

  9. House of Representatives Motion to amend , Passed, H.J. 391 Amendment 1323A

  10. State Affairs Do Pass , Passed, YEAS 10, NAYS 2

  11. Scheduled for hearing

  12. Referred to House State Affairs H.J. 247

  13. First Reading House H.J. 220

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 0 co-sponsors · 95 not signed on · 62 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (95)

95 members have not signed on to this bill.

Show all 95 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 332703
Democratic 5000
Unaffiliated 2000
Total 402703
% of votes cast 57%39%0%4%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Nay
Al Novstrup Republican Nay
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Nay
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
Jana Hunt Republican Nay
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Nay
John Shubeck Republican Yea
John Sjaarda Republican Nay
Jon Hansen Republican Nay
Josephine Garcia Republican Nay
Julie Auch Republican Nay
Kaley Nolz Republican Nay
Karla Lems Republican Nay
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Nay
Liz May Republican Not Voting
Logan Manhart Republican Nay
Marty Overweg Republican Nay
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Nay
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Nay
Spencer Gosch Republican Nay
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Nay
Tesa Schwans Republican Nay
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Nay
Tony Kayser Republican Nay
Tony Randolph Republican Nay
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass Amended

Passed 19 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 181201
Democratic 1200
Unaffiliated 0100
Total 191501
% of votes cast 54%43%0%3%
How each member voted (35)
Member Party Vote
Otten — Nay
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Nay
Carl Perry Republican Yea
Casey Crabtree Republican Nay
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Nay
Greg Blanc Republican Yea
Helene Duhamel Republican Nay
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Nay
Mykala Voita Republican Yea
Paul Miskimins Republican Nay
Randy Deibert Republican Nay
Sam Marty Republican Yea
Stephanie Sauder Republican Nay
Steve Kolbeck Republican Nay
Sue Peterson Republican Yea
Sydney Davis Republican Nay
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Nay
Tom Pischke Republican Yea

Official roll call →

Do Pass Amended

Passed 39 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 342603
Democratic 5000
Unaffiliated 0200
Total 392803
% of votes cast 56%40%0%4%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Nay
Van Diepen — Nay
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Yea
Al Novstrup Republican Yea
Amber Arlint Republican Nay
Bethany Soye Republican Yea
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Nay
Chris Kassin Republican Yea
Curt Massie Republican Nay
David Kull Republican Nay
Drew Peterson Republican Nay
Dylan Jordan Republican Yea
Greg Jamison Republican Nay
Heather Baxter Republican Yea
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Nay
Jim Halverson Republican Nay
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Nay
Keri Weems Republican Nay
Lana Greenfield Republican Yea
Leslie Heinemann Republican Not Voting
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Yea
Mary Fitzgerald Republican Nay
Matt Roby Republican Nay
Mellissa Heermann Republican Nay
Mike Derby Republican Nay
Mike Stevens Republican Nay
Mike Weisgram Republican Nay
Nick Fosness Republican Nay
Peri Pourier Republican Yea
Phil Jensen Republican Yea
Rebecca Reimer Republican Nay
Roger DeGroot Republican Nay
Scott Moore Republican Nay
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Nay
Taylor Rehfeldt Republican Nay
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Yea
Tim Goodwin Republican Yea
Tim Reisch Republican Nay
Tim Walburg Republican Yea
Tina Mulally Republican Not Voting
Tony Kayser Republican Yea
Tony Randolph Republican Yea
Travis Ismay Republican Yea
Trish Ladner Republican Nay
Will Mortenson Republican Nay
William Shorma Republican Nay

Official roll call →

Do Pass

Passed 10 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 8201
Democratic 2000
Total 10201
% of votes cast 77%15%0%8%
How each member voted (13)
Member Party Vote
Eric Emery Democratic Yea
Erin Healy Democratic Yea
Brandei Schaefbauer Republican Not Voting
Greg Jamison Republican Nay
Jessica Bahmuller Republican Yea
Jon Hansen Republican Yea
Karla Lems Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Marty Overweg Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Tim Reisch Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1323?
HB 1323 is sponsored by Kathy Rice (Republican), Tom Pischke (Republican), Carl Perry (Republican), Lauren Nelson (Republican), Dylan Jordan (Republican), Travis Ismay (Republican), Heather Baxter (Republican), Bobbi Andera (Republican), Taffy Howard (Republican), and Aaron Aylward (Republican).
What is the current status of HB 1323?
This bill is in committee in the House. Introduced February 04, 2026. It must pass committee before a floor vote.
Where can I track HB 1323?
Track HB 1323 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 1323

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 1323

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →