Misuse of state vehicle penalty revised.
ENTITLED, An Act to
revise the penalty for misuse of any aircraft or vehicle owned or leased by
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
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:
Between the employee's permanent residence and work station; or
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
dollars plus ten times the cost incurred by the state for misuse of
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