36 chapters · 798 sections in this title.
SDCL § 31-2-13.1 Rules--Promulgation
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The Transportation Commission of the Department of Transportation may adopt rules pursuant to chapter 1-26 , governing the following conditions in highway construction contracts: (1) Site conditions; (2) Suspensions of work ordered by the state (other than a suspension of work ca…
SDCL § 31-2-13.2 State highway fund--Use and expenditure of moneys--Purpose
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There is created a special fund in the state treasury to be known as the state highway fund. All moneys in the fund shall be used and expended under the direction of the Department of Transportation, for the purpose of constructing and maintaining highways and bridges in this sta…
Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right - of - way
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The salaries of the Transportation Commission, secretary of the Department of Transportation, engineer, deputies, assistants, and employees, their necessary expenses, the other expenses of maintaining the administration of the department, and the costs of maintenance and repair o…
SDCL § 31-2-14.1 Rules to define "administrative purposes"
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The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to define the term, "administrative purposes" for the purposes of §
SDCL § 31-2-14.2 Use of state highway fund
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All moneys in the state highway fund shall be used only for the construction, maintenance, and supervision of highways and bridges in this state, for the administrative costs necessary to perform such duties, and for the funding of public transportation. Source: SL 1992, ch 201 ;…
SDCL § 31-2-14.3 Annual appropriation to Department of Revenue--Distribution
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There is hereby appropriated each fiscal year from the state highway fund the sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the Department of Revenue for distribution to the counties. The moneys shall be distributed to the counties in th…
SDCL § 31-2-18 Employment of persons with developmental disabilities
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The Department of Transportation may contract for the services of any person with a developmental disability as defined in chapter 27B-1 , for the performance of any work under the supervision and control of the department, without competitive bids, if the department determines t…
SDCL § 31-2-19 Construction and improvement of roads--Location of material--Public meetings
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Whenever practical, the Department of Transportation shall investigate and determine the location of road material in the state, ascertain the most approved methods of construction and improvements of roads, and hold public meetings throughout the state when deemed advisable. Sou…
SDCL § 31-2-20 Adoption of standard plans and specifications
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The Department of Transportation shall advise and adopt standard plans and specifications for road, bridge, and culvert construction and maintenance suited to the needs of the different counties of the state and furnish the same to the several county superintendents of highways. …
SDCL § 31-2-20.1 Performance standards to measure overall condition of highways and bridges--Goals for maintenance
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The Department of Transportation shall establish performance standards designed to measure the overall condition of the highways and bridges on the state highway system, along with establishing ten-year goals for maintenance of these conditions. When establishing appropriate perf…
SDCL § 31-2-21 Supervision of construction and maintenance of state trunk highway system, bridges, and culverts
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The Department of Transportation shall supervise the construction and maintenance of the state trunk highway system, its bridges, and culverts. Source: SL 1919, ch 333 , § 7; SDC 1939, § 28.0207; SL 1984, ch 207 , § 18.
SDCL § 31-2-22 Advice at county's request on maintaining its highway system
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The department shall, at the request of any county, give advice regarding difficult construction questions, pass upon the feasibility of any plan of road construction, improvement, and repair, and in general render any reasonable service to aid the county in the construction, mai…
SDCL § 31-2-23 Dissemination of highway information--Tourism publications
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For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Department of Tourism is empowered to compile and publish any pamph…
SDCL § 31-2-24 Contracts for tourist publicity
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To the end described in § 31-2-23 , the Department of Tourism may contract with persons, or publicity and advertising agencies to purchase space on billboards and in magazines, papers, and periodicals and time on radio and television stations and contract for other publicity for …
SDCL § 31-2-32 Auction sale of passenger automobiles
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No passenger automobile may be sold at public auction by the Department of Transportation unless there are auction sales of such passenger automobiles in each of the transportation regions where the automobiles are normally assigned. Source: SDC Supp 1960, § 28.0222 as added by S…
SDCL § 31-2-33 Cooperation in research projects for road development
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The Department of Transportation shall be authorized to cooperate with any other state, group of states, federal agency, or nationally recognized research organization and share in the expense of setting up, maintaining and operating research projects including test roads at any …
SDCL § 31-2-34 Action against state on construction contract--Venue of trial
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The State of South Dakota may be sued and made defendant in any court in which an action is brought against the South Dakota Department of Transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisions of any construct…
SDCL § 31-2-35 Hearing and determination of action against state--Right of appeal
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An action brought pursuant to § 31-2-34 shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or d…
SDCL § 31-2-36 Service of process on state
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Service upon the State of South Dakota shall be made by serving a copy of the summons, with the complaint attached, upon any authorized representative of the South Dakota Department of Transportation and also by serving copies of the summons and complaint upon the Governor and at…
SDCL § 31-2-37 Time for actions against state
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Actions against the State of South Dakota authorized under the provisions of 31-2-34 shall be instituted within two years from the date of the completion of the work as provided under the terms of that particular contract or contracts. Source: SL 1964, ch 110 , § 4.
SDCL § 31-2-38 Award of damages, attorney's fees, and costs--Payment by state
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Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2 , the State of South Dakota shall pay to any successful litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to § 1-44-37 , the amount of damages …
SDCL § 31-2-39 Final judgment against state--Payment from state highway fund
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No execution may issue against the state on any final judgment obtained under the provisions of this chapter. However, if final judgment against the state has been obtained in any such action as provided by this chapter, the clerk of the court, wherein the final judgment was obta…