ENTITLED An Act to clarify the status of the Statewide One-Call Notification Board as an agency administered by the Department of Public Safety and the duties of the Board.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-7A-2 be AMENDED:

49-7A-2. The Statewide One-Call Notification Board is administered by the Department of Public Safety and funded by revenue generated by the one-call notification center. The department shall assist the board and coordinate the development of the statewide one-call notification system. The board may hire employees within the department and contractors to assist with the coordination of the statewide one-call notification system. The board is responsible for duties, functions, and funds of the board. The department shall assist with the expenditure of funds pursuant to applicable state laws.

There is created in the state treasury the state one-call fund. Any interest earned on money in the fund must be deposited in the fund. The money is continuously appropriated to the board to implement and administer the provisions of this chapter.

The one-call notification center may be organized as a nonprofit corporation. The one-call notification center shall provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities.

All operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to applicable penalties under §§ 49-7A-18 and 49-7A-19 and is subject to civil liability for any damages caused by noncompliance with this chapter.

Any penalties that may be assessed by the board under this chapter must be collected as provided by law and deposited into the one-call fund.

An Act to clarify the status of the Statewide One-Call Notification Board as an agency administered by the Department of Public Safety and the duties of the Board.

I certify that the attached Act originated in the: House as Bill No. 1012 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1012 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State