CHAPTER 22:02:03
ASSESSMENTS
Section
22:02:03:01 Annual report to board.
22:02:03:02 Annual assessments.
22:02:03:03 Supplemental assessments.
22:02:03:04 Final assessments.
22:02:03:05 Failure to pay assessment.
22:02:03:01. Annual
report to board. The association's annual report to the board shall contain
the following information:
(1) Beginning balance of
the CCPR fund;
(2) County annual
assessment receipts;
(3) County supplementary
assessment receipts;
(4) Disbursements;
(5) Year-end balance;
(6) Anticipated influences
which could affect the new year's disbursements;
(7) A list of each
participating county's annual assessment;
(8) A list of final
assessments for withdrawing counties; and
(9) An estimate of the
probable need for supplemental assessments in the new year.
Source:
11 SDR 144, effective May 2, 1985; transferred from § 67:19:03:01, 36 SDR
27, effective August 26, 2009.
General
Authority: SDCL 28-13A-4.
Law
Implemented: SDCL 28-13A-4, 28-13A-8.
22:02:03:02. Annual
assessments. Annual assessments shall take into consideration the
unencumbered balance remaining in the CCPR fund from the previous calendar
year. A county is not subject to an annual assessment until after its first
year of participation.
Source:
11 SDR 144, effective May 2, 1985; transferred from § 67:19:03:02, 36 SDR
27, effective Augusts 26, 2009.
General
Authority: SDCL 28-13A-4.
Law
Implemented: SDCL 28-13A-4, 28-13A-9.
22:02:03:03. Supplemental
assessments. The amount of the supplemental assessment shall insure the
availability of funds. If the board and the association agree that a
supplemental assessment is necessary, the board shall send written notice to
each participating county. The notice shall contain the amount of the county's
supplemental assessment. The county must pay its supplemental assessment to the
association within 30 days after the county's next scheduled commission meeting
following its receipt of the notice.
A withdrawing county remains liable
for the payment of any supplemental assessments which the board may levy
through the remainder of the calendar year.
A county which has just joined the
CCPR fund and has yet to be assessed an annual assessment is liable for the
payment of any supplemental assessments levied during the first year of its
participation.
Source:
11 SDR 144, effective May 2, 1985; 25 SDR 69, effective November 12, 1998;
transferred form § 67:19:03:03, 36 SDR 27, effective August 26, 2009.
General
Authority: SDCL 28-13A-4.
Law
Implemented: SDCL 28-13A-4, 28-13A-10.
22:02:03:04. Final
assessments. The board shall levy a final assessment against a withdrawing
county which is payable to the association before March 16 of the county's
first calendar year of nonparticipation.
If the fund is discontinued because of
circumstances contained in SDCL 28-13A-5, the board shall levy a final assessment against the counties which were participating during the final year of the program. This final assessment is payable to the association within one year after the final assessment is levied against the remaining participating counties.
Source:
11 SDR 144, effective May 2, 1985; 13 SDR 134, effective March 30, 1987;
transferred from § 67:19:03:04, 36 SDR 27, effective August 26, 2009.
General
Authority: SDCL 28-13A-4.
Law
Implemented: SDCL 28-13A-4, 28-13A-5.
22:02:03:05. Failure
to pay assessment. If a county fails to pay an assessment, the association
shall send a written notice to the county. The notice shall inform the county
that failure to pay the assessment within the time specified in the notice will
result in ineligibility and that interest on the delinquent assessment will be
applied according to SDCL 4-3-14.
A county is not eligible for
readmission to the fund until its arrearages are paid. Claims from the county
are not reimbursable until the county's arrearages are paid.
Source:
19 SDR 76, effective November 23, 1992; transferred from § 67:19:03:05, 36
SDR 27, effective August 26, 2009.
General
Authority: SDCL 28-13A-4.
Law
Implemented: SDCL 28-13A-4.
