144H 95th Legislative Session 88

2020 South Dakota Legislature

Senate Bill 144

AMENDMENT 144H FOR THE HOUSE BILL

Introduced by: Senator Brock Greenfield

An Act to create the road improvement priority fund, provide for the distribution of the fund, make an appropriation, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

32-11-40. Definitions.

Terms used in this Act mean:

(1) "County population," the population of the county based on the most recent estimate available from the U.S. Census Bureau;

(2) "Population adjustment factor," if the county population is:

(a) Greater than one hundred and fifty thousand, it equals 0.65;

(b) Less than one hundred and fifty thousand and greater than or equal to one hundred thousand, it equals 0.70;

(c) Less than one hundred thousand and greater than or equal to fifty thousand, it equals 0.80;

(d) Less than fifty thousand and greater than twenty-five thousand, it equals 0.90; and

(e) Less than twenty-five thousand, it equals 1.0;

(3) "Adjusted total population," the total population of all counties after applying the population adjustment factor;

(4) "Surface type adjustment factor," equals 0.50 for gravel, 0.15 for asphalt, 0.15 for graded, 0.10 for concrete, 0.05 for unimproved, and 0.05 for primitive;

(5) "County road miles by surface type," the total number of miles corresponding to gravel, asphalt, graded, concrete, unimproved, and primitive roads within a county as identified by the Department of Transportation;

(6) "Deck area," equals the total square feet of any bridge, within a county as identified by the Department of Transportation;

(7) "Adjusted total county road miles," the sum of all county road miles in all counties in the state after applying the surface type adjustment factor to each type of road surface.

Section 2. That a NEW SECTION be added:

32-11-41. Road improvement priority fund--Creation--Funding.

There is hereby created in the state treasury the road improvement priority fund. Any general funds appropriated to the road improvement priority program shall be transferred into the road improvement priority fund. Interest on the money in the fund shall be deposited into the fund.

Section 3. That a NEW SECTION be added:

32-11-42. Road improvement priority fund--Calculation--Distribution.

The Department of Revenue shall distribute the initial amount appropriated to the road improvement priority fund to the counties within ten days of the appropriation being made, with each county receiving an amount equivalent to the county population multiplied by the county's countywide per capita impact as reported by the Federal Emergency Management Agency in its preliminary damage assessment report entitled FEMA-4440-DR for the major disaster declared for this state on June 7, 2019. If the amount available for distribution under this paragraph is insufficient to make the required distributions to the counties, then each county's distribution shall be reduced ratably. If the amount available for distribution under this paragraph is either insufficient or more than sufficient to make the required distributions to the counties, then each county's distribution shall be reduced or increased ratably, as the case may be.

On July first of each yearBeginning on July 1, 2021, the Department of Revenue shall distribute the balance of the road improvement priority fund to the counties based on the calculated percent for each county, which is equal to the sum of:

(1) The value of the county population multiplied by the population adjustment factor divided by the adjusted total population multiplied by thirty-three and one-third percent;

(2) The value of county road miles by surface type multiplied by the corresponding surface type adjustment factor divided by the adjusted total county road miles multiplied by thirty-three and one-third percent; and

(3) The value of the deck area of the county divided by the total combined deck area of all counties multiplied by thirty-three and one-third percent.

A county receiving a distribution under this section shall utilize five percent of the distribution on roads within all organized townships, if any, within that county.

Section 4. There is hereby appropriated from the general fund the sum of ten million dollars ($10,000,000), or so much thereof as may be necessary, to the road improvement priority fund, for purposes of providing road funding to counties to improve the current conditions of roads in South Dakota.

Section 5. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 6. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2021 shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 7. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.