Administrative Rule 50:02:01 | South Dakota Legislature

50:02:01:01. Definitions. Terms defined in SDCL 33-15-1 have the same meanings in this chapter. The following definitions also apply to this chapter:

(1) "Costs," additional operational expenses needed to restore governmental infrastructure to predisaster design as a result of emergency or disaster conditions, but not damages caused by or related to negligence or poor maintenance on behalf of the applicant;

(2) "Emergency work," work that must be done immediately to save lives and to protect improved property and public health and safety or to avert or lessen the threat of a major disaster, including snow removal;

(3) "Permanent work," work performed through repairs or replacement to restore an eligible facility on the basis of its predisaster design and current applicable standards;

(4) "Eligible work," emergency or permanent work performed by an applicant that arose out of a particular emergency or disaster situation declared by the Governor.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.4.

Rule 50:02:01:02 Repealed.

50:02:01:02. Eligibility.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 154, effective July 1, 1986.

Rule 50:02:01:03 Requests for funds.

50:02:01:03. Requests for funds. The county shall submit requests for financial assistance based on detailed estimates of anticipated costs and costs incurred. The county commissioners shall prepare such estimates in conjunction with the Division of Emergency Management and shall submit them to the Division of Emergency Management, Department of Military and Veterans Affairs, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.6.

Rule 50:02:01:04 Applicant.

50:02:01:04. Applicant. The county is the eligible applicant and shall include township and city expenditures listed separately with its application. Township and city expenditures reimbursed by the county shall be considered county expenses for the purpose of determining the county's eligibility.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.3.

Rule 50:02:01:05 Submission of claims.

50:02:01:05. Submission of claims. Applications for claims must provide information requested on state forms submitted in triplicate. Application forms shall be furnished by the division of emergency management, department of military and veterans affairs upon request.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

Rule 50:02:01:06 Salaries and wages.

50:02:01:06. Salaries and wages. Salaries and wages of extra employees of the applicant directly engaged in the performance of emergency/disaster work and overtime salaries and wages of all regular employees of the applicant directly engaged in the performance of emergency or disaster work are eligible costs. Regular salaries and wages of all regular employees of the applicant directly engaged in the performance of emergency work are ineligible costs. Regular salaries and wages of all regular employees of the applicant directly engaged in the performance of permanent work are eligible costs.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986; 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:07 Administrative expenses.

50:02:01:07. Administrative expenses. Salaries, wages, and expenses of local officials who are responsible for directing and supervising regular governmental personnel and activities and salaries, wages, fees, or expenses of individuals or firms while engaged in the preparation and processing of application claims and supporting documentation regarding emergency/disaster work within the political subdivision of the applicant, including all legal fees, office supplies, rent and all telephone and telegraph expenses, are ineligible costs.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:08 Costs for equipment, supplies, and materials.

50:02:01:08. Costs for equipment, supplies, and materials. Replacement costs for material and supplies consumed in eligible emergency/disaster work from the applicant's stock and rental costs of privately owned equipment used in emergency/disaster work are eligible costs. Rental costs cannot exceed the equipment rental rates published by the South Dakota department of transportation and accepted by the Associated General Contractors of South Dakota for force account work. Costs incurred for the operation of applicant-owned equipment in excess of normal operating costs, based upon the average of the past five years for fuel, lubricants, tires, and repairs and the costs of parts, material, and labor, other than regular time of employees, used in major repair or replacement of applicant-owned equipment damaged as a direct result of performing disaster work, are eligible costs. Costs of hand tools, personal equipment, and protective clothing; the purchase of equipment; charges for depreciation, insurance, storage, and similar fixed overhead costs; repairs and fuel for privately owned rental equipment, except where the rental agreement provides that the applicant will be responsible for such costs in addition to the rent; and state and local taxes on such equipment are ineligible costs.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:09 Contractual costs.

50:02:01:09. Contractual costs. Costs of work performed by private contractors in emergency/disaster work are eligible costs. Costs incurred under contracts based on cost plus percentage of costs are ineligible costs except where such a delay would extend or create a hazard to health or safety. Justification for this type of contract must be available at the applicant's office of record. State and local taxes on subcontracts are ineligible costs.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:10 Costs of work performed by other political subdivisions.

50:02:01:10. Costs of work performed by other political subdivisions. Costs for work performed under arrangements between political subdivisions, limited to the actual costs of the performing political subdivision, are eligible costs. State and local taxes on such arrangements are ineligible costs.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:11 Easement and right-of-way costs for lands.

50:02:01:11. Easement and right-of-way costs for lands. All costs incurred for lands, easements, or rights-of-way and damage costs to private property are ineligible.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.1.

Rule 50:02:01:12 Verification of claims.

50:02:01:12. Verification of claims. The state department of legislative audit shall review each county application for financial assistance and shall perform on-site audits as required. Applicant records of expenditures shall be filed and made available for inspection at the office of the county auditor of the applicant and at the department of legislative audit.

Source: SL 1975, ch 16, § 1; 5 SDR 105, effective June 19, 1979; 12 SDR 151, 12 SDR 154, effective July 1, 1986.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8, 33-15-25.2.

Rule 50:02:01:13 Federal aid roads and bridges.

50:02:01:13. Federal aid roads and bridges. Under a Governor's declaration of an emergency or disaster, roads or bridges which are funded under a federal aid agreement are not eligible to receive funds from the special emergency and disaster special revenue fund.

Source: 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

Rule 50:02:01:14 Minimum damage limits.

50:02:01:14. Minimum damage limits. Once the applicant has received a Governor's declaration of an emergency or disaster, each site must have a minimum of $1,000 in damage to be considered for reimbursement. Sites which are below the minimum may be combined as one site at the discretion of the director of the Division of Emergency Management if it is economically feasible, constructable, and meets current design standards and practices for the infrastructure affected.

Source: 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

Rule 50:02:01:15 Application for approval of project sites.

50:02:01:15. Application for approval of project sites. Within 30 days after the Governor's declaration of an emergency or disaster, the applicant shall apply to the director of the Division of Emergency Management for sites the applicant wishes to have considered for reimbursement. The director of the Division of Emergency Management shall review and approve or disapprove the application and eligibility of each site.

Source: 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

Rule 50:02:01:16 Appeal process.

50:02:01:16. Appeal process. Within 60 days after notification by the director of the Division of Emergency Management's approval or disapproval of a project an applicant may request a reconsideration of a determination by the director of the Division of Emergency Management on any action related to state assistance. The request for reconsideration shall be made in writing by the applicant to the director of the Division of Emergency Management and shall include any additional information that supports the request for reconsideration.

Upon receipt of an appeal, the director of the Division of Emergency Management shall review the material submitted and notify the applicant within 90 days after the filing of the appeal that the appeal is accepted or denied.

If the director of the Division of Emergency Management denies the appeal, the applicant may submit an appeal in writing to the Governor within 30 days after notification of the denial. Action by the Governor is final.

Source: 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

Rule 50:02:01:17 Time limits.

50:02:01:17. Time limits. Projects which are receiving state assistance must adhere to the following time limits. All times refer to days after the declaration of an emergency or disaster by the Governor.

Work	Initiation	Completion
Category	of Work	of Work

(1) Debris clearance	30 days	180 days
(2) Emergency measures	30 days	180 days
(3) Permanent work		18 months

The time limits imposed by §§ 50:02:01:15 and 50:02:01:16 and this section may be extended by the director of the Division of Emergency Management for up to six months if requested and justified in writing by the applicant. Justification must be based on extenuating circumstances beyond the control of the applicant.

Source: 20 SDR 189, effective May 15, 1994.

General Authority:SDCL 33-15-24.8.

Law Implemented:SDCL 33-15-24.8.

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