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CHAPTER 31-2

ADMINISTRATION OF STATE HIGHWAYS

31-2-1      Superseded.
31-2-1.1      Repealed.
31-2-2      Superseded.
31-2-2.1      Repealed.
31-2-3 to 31-2-7.      Superseded.
31-2-8      Repealed.
31-2-9 to 31-2-12.      Repealed.
31-2-13      Repealed.
31-2-13.1      Rules--Promulgation.
31-2-13.2      State highway fund--Use and expenditure of moneys--Purpose.
31-2-14      Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way.
31-2-14.1      Rules to define "administrative purposes".
31-2-14.2      Use of state highway fund.
31-2-14.3      Annual appropriation to Department of Revenue--Distribution.
31-2-15      Repealed.
31-2-16, 31-2-17.      Repealed.
31-2-18      Employment of persons with developmental disabilities.
31-2-19      Construction and improvement of roads--Location of material--Public meetings.
31-2-20      Adoption of standard plans and specifications.
31-2-20.1      Performance standards to measure overall condition of highways and bridges--Goals for maintenance.
31-2-21      Supervision of construction and maintenance of state trunk highway system, bridges, and culverts.
31-2-22      Advice at county's request on maintaining its highway system.
31-2-23      Dissemination of highway information--Tourism publications.
31-2-23.1      Repealed.
31-2-24      Contracts for tourist publicity.
31-2-25      Repealed.
31-2-26      Repealed.
31-2-27      Disposition of property no longer useful.
31-2-28 to 31-2-31.      Repealed.
31-2-32      Auction sale of passenger automobiles.
31-2-33      Cooperation in research projects for road development.
31-2-34      Action against state on construction contract--Venue of trial.
31-2-35      Hearing and determination of action against state--Right of appeal.
31-2-36      Service of process on state.
31-2-37      Time for actions against state.
31-2-38      Award of damages and costs--Payment by state.
31-2-39      Final judgment against state--Payment from state highway fund.


     31-2-1.   Superseded


     31-2-1.1.   Repealed by SL 1996, ch 20, § 13


     31-2-2.   Superseded


     31-2-2.1.   Repealed by SL 1984, ch 207, § 13


     31-2-3 to 31-2-7.   Superseded


     31-2-8.   Repealed by SL 2010, ch 145, § 12.


     31-2-9 to 31-2-12.   Repealed by SL 1996, ch 20, §§ 14 to 18


     31-2-13.   Repealed by SL 1987, ch 210, § 5


     31-2-13.1.   Rules--Promulgation. The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26, governing the following conditions in highway construction contracts:
             (1)      Site conditions;
             (2)      Suspensions of work ordered by the state (other than a suspension of work caused by the fault of the contractor or by weather);
             (3)      Material changes in the scope of work specified in the contract.

Source: SL 1989, ch 249.


     31-2-13.2.   State highway fund--Use and expenditure of moneys--Purpose. There is created a special fund in the state treasury to be known as the state highway fund. All moneys in the fund shall be used and expended under the direction of the Department of Transportation, for the purpose of constructing and maintaining highways and bridges in this state, paying the salaries and expenses of the Department of Transportation, and funding public transportation, as the moneys may be appropriated for these purposes by the Legislature.

Source: SL 2005, ch 149, § 2.


     31-2-14.   Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way. The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair of highways shall be paid by the state treasurer from the state highway fund after the same have been duly appropriated from the fund by the Legislature and audited by the state auditor. State and federal highway funds necessary for construction of highways as defined in chapter 31-1 and purchase of rights-of-way and borrow pits pursuant to chapter 31-19, are hereby annually appropriated from the state highway fund. The amount of those funds expended for administrative purposes may not exceed seven percent of the available highway funds.

Source: SDC 1939, § 28.0205; SL 1953, ch 136; SL 1957, ch 125; SL 1964, ch 91; SL 1975, ch 190, § 5; SL 1984, ch 207, § 15; SL 1993, ch 216.


     31-2-14.1.   Rules to define "administrative purposes". The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of § 31-2-14.

Source: SL 1990, ch 224.


     31-2-14.2.   Use of state highway fund. All moneys in the state highway fund shall be used only for the construction, maintenance, and supervision of highways and bridges in this state, for the administrative costs necessary to perform such duties, and for the funding of public transportation.

Source: SL 1992, ch 201; SL 2005, ch 149, § 3.


     31-2-14.3.   Annual appropriation to Department of Revenue--Distribution. There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in the same amounts as funds were distributed to the counties by the Department of Game, Fish and Parks for license fees in calendar year 1997, pursuant to § 41-6-70. The moneys shall be deposited in the special highway fund of each county. The secretary of revenue shall distribute the money prior to December thirty-first of each year.

Source: SL 1999, ch 59, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


     31-2-15.   Repealed by SL 1996, ch 20, § 19


     31-2-16, 31-2-17.   Repealed by SL 1984, ch 207, §§ 16, 17


     31-2-18.   Employment of persons with developmental disabilities. The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1, for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines that the work can be performed by the person with a developmental disability at a cost substantially equal to the ordinary cost.

Source: SL 1965, ch 143; SL 2010, ch 145, § 13.


     31-2-19.   Construction and improvement of roads--Location of material--Public meetings. Whenever practical, the Department of Transportation shall investigate and determine the location of road material in the state, ascertain the most approved methods of construction and improvements of roads, and hold public meetings throughout the state when deemed advisable.

Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207.


     31-2-20.   Adoption of standard plans and specifications. The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways.

Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207.


     31-2-20.1.   Performance standards to measure overall condition of highways and bridges--Goals for maintenance. The Department of Transportation shall establish performance standards designed to measure the overall condition of the highways and bridges on the state highway system, along with establishing ten-year goals for maintenance of these conditions. When establishing appropriate performance standards, the department may include nationally established standards and measurements required to be reported to the United States Department of Transportation.
     The department shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on transportation on the current and projected condition of the highways and bridges on the state trunk highway system. This report shall include progress on meeting the ten-year goals for condition of the state highway system. If the projections show the ten-year goals will not be met, the department shall report the estimated amount of additional funding needed to achieve the goals.

Source: SL 2015, ch 165, § 24, eff. Apr. 1, 2015.


     31-2-21.   Supervision of construction and maintenance of state trunk highway system, bridges, and culverts. The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts.

Source: SL 1919, ch 333, § 7; SDC 1939, § 28.0207; SL 1984, ch 207, § 18.


     31-2-22.   Advice at county's request on maintaining its highway system. The department shall, at the request of any county, give advice regarding difficult construction questions, pass upon the feasibility of any plan of road construction, improvement, and repair, and in general render any reasonable service to aid the county in the construction, maintenance, or repair of its county highway system.

Source: SDC 1939, § 28.0208; SL 1953, ch 138; SL 1993, ch 217.


     31-2-23.   Dissemination of highway information--Tourism publications. For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamphlets, bulletins, and documents it deems necessary and expedient for informational and publicity purposes concerning the highways of the state, to support area travel shows intended to provide a balanced promotion of all areas of and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other items or matters of interest and value to the general public and road users; and the department may make or cause to be made from time to time a map or maps showing thereon the highways of the state and the municipalities, and other places of interest served and reached by said highways, and may cause to be printed, published, and prepared in a manner or form the department deems best, all of such information and data and provide for the distribution and dissemination of the same in such manner and method that will best serve the motoring public and road users.

Source: SDC 1939, § 28.0218; SL 1953, ch 143; SL 1971, ch 173; SL 1982, ch 17, § 49; SL 1992, ch 60, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 59; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011.


     31-2-23.1.   Repealed by SL 1984, ch 207, § 19


     31-2-24.   Contracts for tourist publicity. To the end described in § 31-2-23, the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for the dissemination of advertising information, historical facts, statistics, and pictures that are useful and informative to the traveling public and to attract tourists to the state. The department may contract with motion picture producers and others for the taking of moving pictures or still pictures in the state and may provide for the showing of the films when taken. The department may join with other governmental departments of the state in publishing such informational or publicity matter.

Source: SDC 1939, § 28.0218 as added by SL 1953, ch 143; SL 1982, ch 218; SL 2018, ch 169, § 1.


     31-2-25.   Repealed by SL 1984, ch 207, § 20


     31-2-26.   Repealed by SL 1997, ch 38, § 7


     31-2-27.   Disposition of property no longer useful. The Department of Transportation may determine that material, machinery, equipment, or other personal property, or real property owned by the state and used by the department in maintenance or construction, which material, machinery, equipment, or other personal property is not needed for such purposes or is worn out to such an extent it is no longer useful in highway construction or maintenance, or that real property is no longer needed in the maintenance or construction of state trunk highways. The department may sell and dispose of the material, machinery, equipment, personal or real property according to the procedure prescribed by the commissioner of the Bureau of Administration.

Source: SL 1941, ch 134; SL 1955, ch 98; SDC Supp 1960, § 28.0222; SL 1963, ch 162; SL 1977, ch 54, § 8; SL 1984, ch 207, § 21; SL 1986, ch 238, § 3.


     31-2-28 to 31-2-31.   Repealed by SL 1977, ch 54, § 14


     31-2-32.   Auction sale of passenger automobiles. No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned.

Source: SDC Supp 1960, § 28.0222 as added by SL 1965, ch 133; SL 1984, ch 207, § 22.


     31-2-33.   Cooperation in research projects for road development. The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any place within or without the State of South Dakota for the development of facts and criteria capable of being used in the design and construction of highways, highway surfaces, and highway structures, and for the establishment of an engineering basis for the enactment of adequate and equitable legislation governing the allowable loading and method of taxation; to provide information as to types and capacities of highway vehicles which are practicable to be used in highway transportation; to procure special information concerning engineering problems, costs of maintaining highways at different capacities, the necessity for increased taxation to cover costs of highway capacities; and to produce reliable information as to how to realize the most efficient and economical vehicle capacities consistent with optimum over all highway transportation.

Source: SL 1955, ch 105; SDC Supp 1960, § 28.0237.


     31-2-34.   Action against state on construction contract--Venue of trial. The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construction contract entered into by the South Dakota Department of Transportation. Any such action shall name the South Dakota Department of Transportation as defendant and the venue for trial shall be the county where all or part of the construction work was performed.

Source: SL 1964, ch 110, §§ 1, 2.


     31-2-35.   Hearing and determination of action against state--Right of appeal. An action brought pursuant to § 31-2-34 shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or decision of the trial court to the appropriate appellate court under the applicable rules of appeal.

Source: SL 1964, ch 110, § 1.


     31-2-36.   Service of process on state. Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota, in the manner provided for the service of process in actions brought in the circuit courts of the State of South Dakota, or by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and attorney general of the State of South Dakota in the manner provided for service of process in actions brought in United States district courts, except only that the state shall be required to appear within thirty days after the day such process is served in the manner herein provided.

Source: SL 1964, ch 110, § 3.


     31-2-37.   Time for actions against state. Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts.

Source: SL 1964, ch 110, § 4.


     31-2-38.   Award of damages and costs--Payment by state. The State of South Dakota shall pay to any successful litigant, the amount of damages awarded and the amount of costs assessed against the State of South Dakota, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes.

Source: SL 1964, ch 110, § 5.


     31-2-39.   Final judgment against state--Payment from state highway fund. No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obtained, shall forthwith send a certified copy of the judgment by registered or certified mail to the secretary of transportation, and to the state auditor. The auditor shall audit the amount of damages and costs therein finally awarded. The state treasurer shall pay the damages and costs out of the state highway fund.

Source: SL 1964, ch 110, § 6; SL 2010, ch 145, § 14.


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