Title 1 — STATE AFFAIRS AND GOVERNMENT

1-44-17

The Department of Transportation is hereby continued. Source: SL 1973, ch 2 , § 221.

1-44-13 1-44-13 to 1-44-14.1. Repealed by SL 2010, ch 145 , §§ 6 to 8. 1-44-15

Transferred to §

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. 1-44-19

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…

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

The head of the Department of Transportation is the secretary of transportation. Source: SL 1973, ch 2 , § 222.

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, o…

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 ,…

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. 1-44-23. Repealed by SL 1987, ch 210 , § 1.

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…

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.

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 fa…

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 ,…

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, ea…

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.

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.

Pursuant to chapter 1-26 , the railroad board shall adopt and publish rules to implement §

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 t…

Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7 . Source: SL 1981, ch 12 , § 5. 1-44-33. Repealed by SL 2015, ch 13 , § 1. 1-44-34. Repealed by SL 1982, ch 21 , § 1. 1-44-35. Repealed by SL 2006, ch 2 , § 13.

1-44-34

1-44-35

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 hi…

The Department of Transportation may, by agreement with the federal government pursuant to 23 U.S.C. §§ 326 and 327, assume all or part of the responsibilities of the federal government under the National Environmental Policy Act, as set forth under 42 U.S.C. §§ 4321 to 4370, inc…

In cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation under § 1-44-37 , this state waives sovereign immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United St…

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 …

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…

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,…

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 assig…

1-44-7.2

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 …

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 201…

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 appro…

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 shal…

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…