FOR AN ACT ENTITLED, An Act to establish a local government road improvement grant fund for the purpose of serving new agricultural facilities and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. There is hereby created in the state treasury the local government road improvement grant fund. The Transportation Commission may award grants from the fund to construct or reconstruct roads and bridges owned by a local government for the purpose of serving a new agricultural facility. Interest earned on money in the fund shall be deposited into the fund. Expenditures from this fund shall be appropriated through the normal budgeting process.
    Section 2. If a county imposes the maximum wheel tax pursuant to chapter 32-5A or supplements road funds with general funds or other funds in an amount equal to or greater than what may be generated from a wheel tax increase, the county shall be eligible for a grant under

this Act.
    Section 3. For the purposes of this Act, the term, new agricultural facility, means a new building or structure, or the expansion of an existing building or structure. The term, new agricultural facility, does not include any building or structure constructed within the boundaries of an incorporated municipality. A new agricultural facility is any new building or structure, or the expansion of an existing building or structure, constructed for the:

            (1)    Initial or subsequent processing of any form of agricultural commodity, product, or by-product;

            (2)    Handling or loading of crops; or

            (3)    Raising or feeding of livestock, including a dairy operation.
    Section 4. The Transportation Commission may promulgate rules pursuant to chapter 1-26 concerning the following:

            (1)    Establish application procedures for a local government road improvement grant;

            (2)    Establish eligibility criteria for the applicants and the projects to receive a grant;

            (3)    Establish the terms and conditions upon which a grant may be made; and

            (4)    Determine the procedures for distributing the grant funds to the applicant.
    Section 5. There is hereby appropriated from the general fund the sum of two dollars ($2), or so much thereof as may be necessary, to the Department of Transportation to deposit in the local government road improvement grant fund for the purpose of making grants to local governments to improve roads and bridges that will serve new agricultural facilities.
    Section 6. The secretary of transportation shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.