1-44-1
Department continued.
1-44-2
Secretary as head of department.
1-44-3
Agencies constituting department.
1-44-4
Transportation Commission created--Appointment and qualifications of members.
1-44-5
Geographic areas represented on Transportation Commission.
1-44-6
Terms of office of commission members--Vacancies.
1-44-7
Officers of Transportation Commission--Functions--Meetings.
1-44-7.1
Repealed.
1-44-7.2
Repealed.
1-44-7.3
Promulgation of rules regarding public transportation assistance grants.
1-44-7.4
Rules for intercity bus service assistance.
1-44-7.5
Promulgation of rules regarding county highway and bridge improvement plans.
1-44-8
Transportation Commission authority over allocation of construction funds.
1-44-9, 1-44-10. Repealed.
1-44-11
Performance of functions of Aeronautics Commission.
1-44-12
Repealed.
1-44-13 to 1-44-14.1. Repealed.
1-44-15
Transferred.
1-44-16
Contracts for tourism promotion programs.
1-44-17
Repealed.
1-44-18
Duties of department as to railroads.
1-44-19
Repealed.
1-44-20
Powers of department as to railroads.
1-44-21
Legislative approval prerequisite to purchase or contract to purchase railroad rolling
stock.
1-44-22
Department may accept and spend funds.
1-44-23
Repealed.
1-44-24
Liberal construction of department's authority.
1-44-25
South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.
1-44-26
Railroad Board--Qualifications of members.
1-44-27
Approval by Railroad Board of department activities.
1-44-28
Management of state railroad property--Notice of sale--Option to lessee or abutting
owner--Right of use by utility.
1-44-29
Records of railroad property management.
1-44-30
Rules for management of property.
1-44-31
Railroads administration fund--Creation--Services--Expenditure.
1-44-32
Funds subject to state budget provisions.
1-44-33
Repealed.
1-44-34
Repealed.
1-44-35
Repealed.
1-44-36
Use of recovered material by Department of Transportation.
1-44-1. Department continued.
The Department of Transportation is hereby continued.
Source: SL 1973, ch 2, § 221.
1-44-2. Secretary as head of department.
The head of the Department of Transportation is the secretary of transportation.
Source: SL 1973, ch 2, § 222.
1-44-3. Agencies constituting department.
The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation.
Source: SL 1973, ch 2, § 224; SL 1996, ch 20, § 1.
1-44-4. Transportation Commission created--Appointment and qualifications of members.
There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be from the same political party. No two members may at the same time be a resident of the same county.
Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 1; SL 1979, ch 355, §§ 17, 18, 20; SL 1983, ch 391, § 17; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2010, ch 145, § 1.
1-44-5. Geographic areas represented on Transportation Commission.
Members of the Transportation Commission shall be appointed to represent geographic population areas as follows:
(1) Two members from area 1, consisting of the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, and Spink;
(2) Three members from area 2, consisting of the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton;
(3) Two members from area 3, consisting of the counties of Bennett, Campbell, Corson, Dewey, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, and Ziebach;
(4) Two members from area 4, consisting of the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins.
A member shall at all times during each respective appointment be a resident of such area.
Source: SL 1973, ch 184, § 3; SL 1979, ch 355, § 19; SL 1983, ch 391, § 18; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
1-44-6. Terms of office of commission members--Vacancies.
Terms of members of the Transportation Commission are four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 2; SL 1979, ch 355, § 20; SL 1980, ch 369; SL 1983, ch 391, § 18; SL 2010, ch 145, § 2.
1-44-7. Officers of Transportation Commission--Functions--Meetings.
The Transportation Commission shall annually elect from its members such officers as it deems advisable. A majority of the commission members constitute a quorum. The commission shall exercise such functions as are provided by this chapter and such other functions as may be assigned to it by law. The commission shall hold meetings at the call of the chair or a majority of the members.
Source: SL 1973, ch 2, § 233; SL 2010, ch 145, § 3.
1-44-7.3. Promulgation of rules regarding public transportation assistance grants.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, for administration, terms, and conditions for the disbursements of money to those eligible for public transportation assistance grant funds.
Source: SL 1992, ch 21, § 3; SL 2007, ch 28, § 8; SL 2019, ch 10, § 1.
1-44-7.4. Rules for intercity bus service assistance.
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 for the administration, terms, and conditions for the disbursement of money to the providers of intercity bus service and to establish criteria for the selection of such providers to receive funds appropriated for intercity bus transportation, in conformance with applicable federal guidelines and regulations. In establishing the criteria for disbursement of money under this section, the Transportation Commission shall consider the economic losses of operators providing intercity bus service as documented by a complete description of service and a financial statement of all intercity operators applying for the assistance under this section. The Transportation Commission shall also consider each operator's total number of miles traveled in providing intercity bus service in South Dakota.
Source: SL 1993, ch 345, § 10C.
1-44-7.5. Promulgation of rules regarding county highway and bridge improvement plans.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to establish the requirements for a county highway and bridge improvement plan that details proposed county highway and bridge improvement projects in a county for the next five years. The rules shall provide for the format of the plan and the time by which an update of the plan must be submitted each year.
Source: SL 2015, ch 165, § 3, eff. Apr. 1, 2015.
1-44-8. Transportation Commission authority over allocation of construction funds.
Notwithstanding other provisions of this title, the Transportation Commission has final authority within the Department of Transportation over the allocation of all funds for the construction of transportation facilities.
Source: SL 1973, ch 2, § 234; SL 2010, ch 145, § 5.
1-44-11. Performance of functions of Aeronautics Commission.
The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except:
(1) Advisory functions (as defined in § 1-32-1) with respect to programs associated with the commission;
(2) Special budgetary functions (as defined in § 1-32-1) provided for by §§ 50-4-12 to 50-4-17, inclusive, 50-2-12, 50-7-10, and 50-7-15 to 50-7-19, inclusive, and chapter 50-4;
(3) Quasi-legislative and quasi-judicial functions (as defined in § 1-32-1) provided for by chapters 50-2, 50-5, 50-9, 50-10, 50-11, 50-12, and 50-13.
Source: SL 1973, ch 2, §§ 227, 228; SL 1974, ch 3, § 33; SL 1997, ch 16, § 1.
1-44-16. Contracts for tourism promotion programs.
The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation.
Source: SL 1973, ch 2, § 207; SL 1984, ch 207, § 11.
1-44-18. Duties of department as to railroads.
The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal-state relationship of programs relating to railroads, assist any public or private agency or corporation in coordinating railroad services with those of other transportation modes, recommend, prepare, and review plans and specifications for any project undertaken by the South Dakota Railroad Authority, and arrange for and coordinate rail service over any properties and facilities acquired, leased, or controlled by the State of South Dakota Railroad Authority.
Source: SL 1975, ch 26, § 2; SL 1980, ch 325, § 2; SL 1996, ch 20, § 5.
1-44-20. Powers of department as to railroads.
The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, or authority, on such terms and conditions as the department shall determine, including providing for the acquisition, operation, maintenance, and improvement of public rail lines, and the acquisition and disposition of any and all rights-of-way, land, facilities, fixtures and appurtenant structures, services and equipment, determined by the department to be necessary or appropriate.
Source: SL 1980, ch 325, § 3; SL 1996, ch 20, § 6.
1-44-21. Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.
Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature.
Source: SL 1980, ch 325, § 3A; SL 1981, ch 331, § 2; SL 1996, ch 20, § 7.
1-44-22. Department may accept and spend funds.
The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers.
Source: SL 1980, ch 325, § 4; SL 1996, ch 20, § 8.
1-44-24. Liberal construction of department's authority.
The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed.
Source: SL 1980, ch 325, § 6; SL 1996, ch 20, § 9.
1-44-25. South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.
The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer. No member may be removed from office except for cause.
The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source: SL 1980, ch 325, § 7; SL 2010, ch 145, § 9; SL 2012, ch 16, § 25; SL 2013, ch 176, § 18; SL 2014, ch 218, § 3.
1-44-26. Railroad Board--Qualifications of members.
At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in the operation of railroad service. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in private or public finance. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in marketing. At least one member of the commission shall be, in the opinion of the Governor, a person who is a user of rail service. Two members shall be from the public at large.
Source: SL 1980, ch 325, § 8.
1-44-27. Approval by Railroad Board of department activities.
The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state.
Source: SL 1980, ch 325, § 9; SL 1996, ch 20, § 10.
1-44-28. Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility.
The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue leases, licenses, easements, or other agreements as may be necessary to provide for the use of any property or facility not used directly in rail operations. Prior to any sale, except a sale for railroad purposes, of state-owned railroad property, the state shall provide the lessee of any railroad property affected by the sale and, if there is no lessee, the owner of any property abutting railroad property with written notice of the proposed sale. The state shall give the lessee or abutting owner sixty days from the notice to purchase the property at not less than its appraised value. No vacation, change, relocation, or sale of state-owned railway property as provided in this chapter diminishes any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.
Source: SL 1981, ch 12, § 1; SL 1986, ch 23; SL 1996, ch 20, § 11.
1-44-29. Records of railroad property management.
The Department of Transportation shall maintain those property management records generally maintained by railroads for state-owned railroad property and facilities.
Source: SL 1981, ch 12, § 2; SL 1996, ch 20, § 12.
1-44-30. Rules for management of property.
Pursuant to chapter 1-26, the railroad board shall adopt and publish rules to implement § 1-44-29. The railroad board may, by board resolution, implement the provisions of § 1-44-28 and need not implement such provisions pursuant to §§ 1-26-4 to 1-26-14, inclusive.
Source: SL 1981, ch 12, § 3; SL 1982, ch 20, § 1; SL 1987, ch 210, § 2.
1-44-31. Railroads administration fund--Creation--Services--Expenditure.
There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To the extent possible, expenditures for administration and maintenance of railroad property, including, but not limited to, funds sufficient to staff, administer, equip, and maintain the records of state-owned railroad property and facilities and to provide for weed control, fences, security, railroad crossing, and safety warning signs on state railroad property, not otherwise provided for, shall be paid from funds on deposit in the railroads administration fund.
Source: SL 1981, ch 12, § 4.
1-44-32. Funds subject to state budget provisions.
Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7.
Source: SL 1981, ch 12, § 5.
1-44-36. Use of recovered material by Department of Transportation.
The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all highway improvements, consistent with safe engineering practices. The Department of Transportation shall specify the proportion of recovered material that may be used in various types of highway improvements.
Source: SL 1992, ch 254, § 50D.
