Q&A- Quasi? Or just Government?

This is another question asked anonymously due to the State’s Attorney telling us, face to face, that Road Districts are ‘quasi government’ and do not follow the laws that other governmental entities do. Like trustees taking an oath- according to the state’s attorney, they don’t have to. Or that two of three trustees can simply oust the third. According to her, if they simply put their powers in the bylaws, it’s all cool. Or whatever they’ve been doing for years is perfectly fine to keep doing. So here is the question exactly as asked, again with no historical background.

Question– Is a road district ‘quasi government’ or simply, ‘government’? I mean are there laws regarding government entities in South Dakota that do not pertain to road districts?

Answer– A road district in South Dakota is legally defined as a government entity, specifically a governmental subdivision and a public body, corporate and politic. It is not merely “quasi-government.” 

This distinction is important because, as a government entity, the road district is subject to the vast majority of laws that govern other local entities like counties, cities, and townships in South Dakota.

Road Districts Are Government Entities 

The legal status is explicitly defined in South Dakota Codified Law (SDCL): 

• SDCL 31-12A-12 states: “Such road district, created and established under this chapter, shall be a governmental subdivision of this state and a public body, corporate and politic“.
• Road districts have the power to levy taxes and special assessments, issue bonds, and establish speed/weight limits on their roads—all exercises of sovereign governmental power. 

In South Dakota, a “political subdivision” or “local government entity” is generally defined as any board, commission, county, city, town, or other entity “created or appointed by statute… and is vested with the authority to exercise any sovereign power derived from state law”. A road district clearly fits this definition. 

Laws That Pertain to Road Districts

Because of this status, road districts in South Dakota are bound by numerous state laws that apply to all government entities, including: 

• Open Meeting Laws (SDCL Chapter 1-25): The board of trustees must adhere strictly to laws requiring public notice of meetings (at least 24 hours in advance), the posting of agendas, the proper use of executive sessions, and the recording of minutes.
• Public Records Laws (SDCL Chapter 1-27): The district’s records are public records and must be made available for inspection and copying by citizens.
• Contract and Pecuniary Interest Laws (SDCL Chapter 6-1): Trustees and employees are prohibited from having a direct or indirect interest in any contract, work, or business of the district paid for with public funds, with narrow exceptions for very small districts.
• Budget and Finance Laws: Districts must follow state guidelines for levying taxes, managing funds, and annual accounting.
• Oath of Office: As previously mentioned, trustees must take and file an oath of office before assuming duties [3-1-5]. 

Laws That May Not Pertain to Road Districts

While road districts are subject to most general government laws, there are exceptions based on their specific, limited function. Road districts are single-purpose governments (limited to road construction and maintenance), unlike general-purpose governments like cities and counties. 

Specific examples of laws that might not apply or are handled differently include:

• Specific Municipal or County Planning/Zoning Laws: Road districts generally do not have broad planning and zoning authority, which typically rests with the county or municipality.
• Laws related to services the district doesn’t provide: A road district is not involved in providing water services, sanitation, or school administration, so laws specific to those functions do not apply.
• Inter-governmental Jurisdiction: Municipalities and counties cannot simply transfer jurisdiction over a public highway to a road district; specific coordination is required. 

In summary, a South Dakota road district is a full-fledged government entity and should operate with the same level of compliance, transparency, and accountability as any county or city government.

And may we add, that any candidate running for the office of state’s attorney, should know these things. Or an Attorney General.