State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
400B0196 | HOUSE BILL NO. 1036 |
Introduced by: The Committee on Commerce and Energy at the request of the Department
of Labor and Regulation
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FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of Technical
Professions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-9-10 be amended to read:
34-9-10.No transfer of A municipality may not transfer surplus funds pursuant to under
§ 34-9-9 shall be made except under the conditions as follows unless:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-9-10 be amended to read:
34-9-10.
(1) That there is no No other hospital operated operates within such the municipality or
and the Department of Health has issued no license issued for such for the operation
by the State Department of Health of a hospital within the municipality;
(2) That at At least fifty percent of the total cost of such the construction project has been
first raised from sources other than those to be derived through the transfer of such
the surplus funds, such total cost based upon estimates of any architect or firm of
architects duly registered by the State Commission of Engineering, Architectural, and
Land Surveying Examiners Board of Technical Professions; and
(3) That the The articles of incorporation of such the hospital corporation provide that
no part of the hospital corporation's earnings shall inure, or may lawfully inure, to the
benefit of any member or private shareholder.
Section 2. That § 43-20-2 be amended to read:
43-20-2.
(1) A "property corner" is a geographic point on the surface of the earth, and is on, a part
of, and controls a property line "Accessory to a corner," any exclusively identifiable
physical object whose spatial relationship to the corner is recorded. The term includes
bearing trees, bearing objects, monuments, reference monuments, line trees, pits,
mounds, charcoal-filled bottles, steel or wooden stakes, or other similar objects;
(2) A "property controlling corner" for a property is a public land survey corner, or any
property corner, which does not lie on a property line of the property in question, but
which controls the location for one or more of the property corners of the property
in question "Board," the Board of Technical Professions;
(3) A "public land survey corner" is any corner actually established and monumented in
an original survey or resurvey used as a basis of legal description for issuing a patent
for the land to a private person from the United States government or the State of
South Dakota "Corner," unless otherwise qualified, a property corner, a property
controlling corner, or a public land survey corner;
(4) A "corner," unless otherwise qualified, means a property corner, or a property
controlling corner, or a public land survey corner, or any combination of these
"Monument," an accessory that is presumed to occupy the exact position of a corner;
(5) An "accessory to a corner" is any exclusively identifiable physical object whose
spatial relationship to the corner is recorded. Accessories may be bearing trees,
bearing objects, monuments, reference monuments, line trees, pits, mounds,
charcoal-filled bottles, steel or wooden stakes, or other objects "Property controlling
corner," any corner that may or may not lie on a property line, but that controls the
location for one or more property corners;
(6) A "monument" is an accessory that is presumed to occupy the exact position of a
corner "Property corner," a geographic point that controls a property line;
(7) A "reference monument" is a special monument that does not occupy the same
geographical position as the corner itself, but whose spatial relationship to the corner
is recorded, and which serves to witness the corner "Public land survey corner," any
corner established and monumented in an original survey or resurvey used as a basis
of legal description for issuing a patent for the land to a private person from the state
or federal government;
(8) A "survey" is any field operation in which corners are used to locate streets, roads,
utilities, airports, railroads, buildings, dams, canals, drainage ways, or any other
works as well as property boundaries "Reference monument," a special monument
that does not occupy the same geographical position as the corner itself, but whose
spatial relationship to the corner is recorded and serves to witness the corner;
(9) A "registered land surveyor" is a surveyor who is registered to practice land
surveying under Title 36 and has a current certificate for that calendar year "Survey,"
any field operation in which corners are used to locate streets, roads, utilities,
airports, railroads, buildings, dams, canals, drainage ways, or any other works as well
as property boundaries;
(10) The "commission" is the State Commission of Engineering, Architectural, and Land
Surveying Examiners "Registered land surveyor," a person who is licensed by the
board and is in good standing and legally authorized to practice land surveying in this
state.
Section 3. That § 43-20-7 be amended to read:
43-20-7. TheCommission of Engineering, Architectural, and Land Surveying Examiners
board shall, by rule adopted pursuant to chapter 1-26, prescribe the method of construction and
placement of corner markers or monuments used to identify reference points on plats and the
information which that is necessary to be included in the corner file. The commission board
shall also prescribe the form in which the corner record shall be presented and filed.
Section 3. That § 43-20-7 be amended to read:
43-20-7. The