(EXO 02-01)
Certain rangeland firefighting functions, powers, and duties
are transferred to the secretary of agriculture.
WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota provides
that, "Except as to elected constitutional officers, the Governor may make such changes in the
organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of
their functions, powers and duties, as he considers necessary for efficient administration. If such
changes affect existing law, they shall be set forth in executive orders, which shall be submitted to
the Legislature within five legislative days after it convenes, and shall become effective, and shall
have the force of law, within ninety days after submission, unless disapproved by a resolution
concurred in by a majority of all the members of either house"; and
WHEREAS, this executive order has been submitted to the 77th Legislative Assembly on
the 5th legislative day, being the 14th day of January, 2002;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of
state government be reorganized to comply with the following sections of this order.
Section 2. It is the intent of this order not to repeal or amend any laws relating to functions
performed by an agency, unless the intent is specifically expressed in this order or unless there is
an irreconcilable conflict between this order and those laws.
Section 3. Except when it is inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization that are in effect on
the effective date of this order, shall continue with full force and effect until they are specifically
altered, amended, or revoked in the manner provided by law, unless the statutory authority for such
rules is superseded by this order.
Section 5. If any part of this order is ruled to be in conflict with federal requirements which
are prescribed condition to the receipt of federal aid by the state, an agency or a political
subdivision, that part of this order has no effect and the Governor may by executive order make
necessary changes to this order to receive federal aid, and the changes will remain in effect until the
last legislative day of the next legislative session or until the Legislature completes legislation
addressed to the same question, whichever comes first.
Section 6. The effective date of this Executive Reorganization Order #2002-01 shall be
ninety days after its submission to the legislature.
Section 7. Any provisions of law in conflict with this order are superseded.
Section 8. Whenever a function is transferred by this order, all personnel, records, property,
unexpended balances of appropriations, allocations or other funds utilized in performing the
function are also transferred by this order.
Section 9. That
§
34-31-1
be amended to read as follows:
34-31-1.
The boards of county commissioners of the counties of this state may, in their
discretion, cooperate with the governing bodies of organized townships or municipal corporations
within their respective counties, with organized townships or municipal corporations in adjacent
counties, the
state forester
secretary of agriculture or his designee
, nonprofit fire protection
corporations or associations, and with the boards of county commissioners, organized townships
or municipal corporations within adjacent states when reciprocal agreements between the
contracting parties have been provided in the purchase and operation of any fire-fighting equipment
or fire protection to safeguard the range, farm, and forest lands within their respective counties and
in prevention of fire nuisances thereon.
Section 10. That
§
34-31-2
be amended to read as follows:
34-31-2.
The boards of county commissioners of the counties of this state may participate in
cooperation with the organized townships and municipal corporations within their respective
counties, organized townships, and municipal corporations in adjacent counties, or the fire-fighting
agencies thereof, and with organized townships, boards of county commissioners or municipal
corporations in adjacent states when reciprocal agreements between contracting parties have been
provided and with the
state forester
secretary of agriculture or his designee
in the organization and
training of rural fire-fighting groups, and in the payment of the operation and maintenance of
fire-fighting equipment and in the cost of suppressing fires.
Section 11. That
§
34-31-6
be amended to read as follows:
34-31-6.
The
Division of Forestry
secretary of agriculture or his designee
shall operate a fire
equipment shop to acquire and renovate equipment and distribute federal and state excess vehicles
and property to counties and volunteer fire departments for the suppression of rural fires. The
vehicles and property may be provided with clear title by the division to counties and volunteer fire
departments.
34-31-8.
Notwithstanding the provisions of
§
5-23-2, the
state forester
secretary of agriculture
or his designee
may purchase used motor vehicles and equipment at auctions of federal and state
surplus property, or from public and private utility companies, irrespective of whether or not the
sellers of said vehicles are licensed dealers as required by
§
5-23-2, for distribution to fire
departments for fire suppression.
Section 13. That
§
34-35-12.1
be amended to read as follows:
34-35-12.1.
Any person who negligently causes a fire to be started or who does not take
reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the
person's control is liable for all fire suppression and extinguishment costs that were caused by the
fire and that are collectable by the
state forester
secretary of agriculture or his designee
under
§
§
41-20-4 and 41-20-8. For purposes of this section, the term, person, includes public utilities,
railroads, and private utilities.
Section 14. That
§
34-35-16
be amended to read as follows:
34-35-16.
The starting of an open fire within the Black Hills Forest Fire Protection District by
a person or a group of persons is prohibited unless a permit to do so is first obtained from the
state
forester
secretary of agriculture or his designee
or from the United States Forest Service supervisor.
An open fire as used in this section and
§
34-35-17 is any fire to burn slash, brush, grass, stubble,
debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or
an established fireplace approved or constructed by public agencies in designated recreation areas.
A violation of this section is a Class 1 misdemeanor. Any person who violates this section is liable
for civil damages for all injuries caused by the fire.
Section 15. That
§
34-35-17
be amended to read as follows:
34-35-17.
Any United States Forest Service supervisor, or his designee, the
state forester
secretary of agriculture or his designee
or his designee shall have authority to issue a permit upon
an application to any person to start an open fire within the Black Hills Forest Fire Protection
District if in his opinion such fire will not endanger the life or property of another, or deny such
permit if in his opinion the climatic conditions or location of the material to be burned is such that
the burning would endanger the life or property of others and he may issue a permit subject to such
conditions and restrictions as he may consider necessary to prevent the spread of the fire permitted;
and he may revoke a permit issued by him upon the change of climatic or other conditions which
he considers would make the burning unsafe.
Section 16. That
§
34-35-18
be amended to read as follows:
34-35-18.
The state
forester
secretary of agriculture or his designee
may set fires in woods or
prairie for the purposes of forest and range management provided that he has reasonable forces and
equipment available to suppress the spread of the fire.
Section 17. That
§
34-37-19
be amended to read as follows:
34-37-19.
Any county may, by resolution, regulate or prohibit the use of fireworks outside the
boundaries of any municipality in those areas where the fire danger, as determined by use of the
rangeland fire index as established by rule promulgated pursuant to chapter 1-26 by the
state
forester
secretary of agriculture or his designee
, has reached the extreme category in that county
for two consecutive days during the period from June twentieth through June twenty-seventh.
Section 18. That
§
62-1-5.2
be amended to read as follows:
Dated this 14th day of January, 2002.