CHAPTER 34

(HB 1004)

Misuse of state vehicle penalty revised.


         ENTITLED, An Act to  revise the penalty for misuse of any aircraft or vehicle owned or leased by the state.

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

     Section  1.  That § 5-25-1.1 be amended to read as follows:

     5-25-1.1.   Vehicles owned or leased by the state may be used only in the conduct of state business. No state officer or employee, except the Governor, law enforcement officers of the South Dakota Highway Patrol, law enforcement officers of the Division of Criminal Investigation, and conservation officers may use, or permit the use of, any state-owned motor vehicle other than in the conduct of state business. Nothing in this section prohibits any use of any state vehicle, if, in

order to provide for the most efficient use of state equipment or personnel, supervisory personnel issue written instructions to any state employee to use a state vehicle for transportation:

             (1)      Between the employee's permanent residence and work station; or

             (2)      Between the employee's temporary residence or eating place and work station if assigned to a locality other than the employee's permanent residence.

     For purposes of this section, any aircraft owned or leased by the state may be used only in the conduct of state business. None of the exceptions listed above are applicable regarding the use of any aircraft owned or leased by the state or any of its agencies.

     A violation of this section is a Class 2 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than one thousand ($1,000) dollars plus ten times the cost incurred by the state for misuse of the vehicle any aircraft owned or leased by the state . An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.

     Signed February 6, 2007
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