CHAPTER 207

(SB 32)

Department of Public Safety references corrected.

         ENTITLED, An Act to  change certain references from the Department of Revenue and Regulation to the Department of Public Safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 37-2-5 be amended to read as follows:

     37-2-5.   Terms used throughout §§ 37-2-5 to 37-2-24, inclusive, mean:

             (1)      "Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent of water used for the purpose of blending or mixing with gasoline for use in motor vehicles and commonly known as alcohol, ethanol or methanol;

             (2)      "ASTM," the American Society for Testing and Materials;

             (3)      "Aviation gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter and that is suitable for use as a fuel in an internal combustion engine designed for use in an aircraft;

             (4)      "Department," the Department of Revenue and Regulation Public Safety ;

             (5)      "Diesel fuel," a hydrocarbon fuel free from suspended water and sediment matter that is suitable for use as a fuel in a diesel engine;

             (5A)      "Ether," methyl tertiary butyl ether;

             (6)      "Flash test" and "flash point," the flash point as determined by the method of the American Society for Testing Materials, using the instrument known as the Tagliabue closed cup tester;

             (7)      "Gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter that is practicable and suitable used as fuel in a spark ignition internal combustion engine;

             (8)      "Inspector," the secretary of the Department of Revenue and Regulation Public Safety or any deputy or assistant appointed by him the secretary for the purpose of enforcing the provisions of this chapter;

             (9)      "Kerosene," a hydrocarbon fuel intended for use in heating and illumination and having an American Petroleum Institute gravity of not less than forty degrees. Kerosene shall also include coal oil and burner oil;

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             (10)      "Petroleum products," gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation gasoline, burner oil, naphtha and lubricating oils.

     Section  2.  That § 37-2-6 be amended to read as follows:

     37-2-6.   The secretary of the Department of Revenue and Regulation Public Safety may in accordance with chapter 1-26 make such rules and regulations as are necessary to carry out the provisions of §§ 37-2-5 to 37-2-24, inclusive.

     The rules shall be in general conformity with ASTM standards. The secretary may adopt rules:

             (1)      Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;

             (2)      Establishing a program for and prescribing the methods to be used for the inspection and testing of alcohol blended fuels and petroleum products;

             (3)      Requiring labeling of devices dispensing alcohol blended fuels to disclose the percentage by volume of the fuel which is alcohol;

             (4)      Establishing standards setting the specifications and tolerance requirements for petroleum products; and

             (5)      Regulating the filtering system to be used on devices dispensing alcohol blended fuels.

     Section  3.  That § 37-2-8 be amended to read as follows:

     37-2-8.   The director of laboratories shall make such analysis as may be requested by the secretary of the Department of Revenue and Regulation Public Safety . Distillation tests shall be made in accordance with the methods for such tests adopted by the American Society for Testing Materials.

     Section  4.  That § 37-2-19 be amended to read as follows:

     37-2-19.   The secretary of revenue and regulation public safety shall be ex officio inspector of petroleum products. Neither the secretary nor any subordinate shall traffic directly or indirectly in any product subject to inspection under the provisions of this chapter.

     Section  5.  That § 37-2-21 be amended to read as follows:

     37-2-21.   Whenever the words " , inspector of petroleum products, " or " , inspector " , appear throughout §§ 37-2-5 to 37-2-24, inclusive, they shall mean and refer to the secretary of revenue and regulation public safety and any of his the secretary's duly appointed and acting deputies, agents, assistants, or employees, engaged in administering or enforcing the provisions of those sections. For such purposes the said secretary and his the secretary's deputies, assistants, agents, and employees, and any peace officer called by him or them law enforcement officer requested to aid in such purposes shall have the necessary rights of visitation, inspection, examination, and access to all places, property, and records, including the right to take a reasonable amount of samples for analysis , and employees of all common carriers . Any employee of any common carrier doing business in this state shall furnish, when if requested, information as to arrival or departure of consignments of such products.

     Signed February 1, 2005

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