(SB 2)
Bureau of Administration statutes revised.
Section 1. That § 1-6-24 be repealed.
Section 2. That § 1-6-25 be repealed.
Section 3. That § 1-6-26 be repealed.
Section 4. That § 1-6-27 be repealed.
Section 5. That § 1-6-28 be repealed.
Section 6. That § 1-14-1 be amended to read as follows:
1-14-1. The Bureau of Administration shall continue within the Department of Executive
Management, and all its functions shall be performed by the Department of Executive
Management as provided by § 1-33-6.
Section 7. That § 1-14-2 be amended to read as follows:
1-14-2. No person shall be eligible for appointment may be appointed as the commissioner
of administration unless he holds a baccalaureate degree from a recognized institution of higher
education and the person has had progressively responsible experience in administration.
Section 8. That § 1-14-3 be amended to read as follows:
1-14-3. The commissioner of administration, under the general direction and control of the
Governor, shall execute the powers and discharge the duties vested by law in the Bureau of
Administration. He The commissioner shall qualify by taking and filing with the secretary of
state the constitutional oath of office.
Section 9. That § 1-14-6.1 be repealed.
Section 11. That § 1-14-11 be repealed.
Section 12. That § 1-14-12 be amended to read as follows:
1-14-12. The Bureau of Administration shall be administered by the commissioner of
administration and he shall:
the Bureau of Administration. The bureau shall:
Section 14. That § 1-14-12.16 be amended to read as follows:
1-14-12.16. The operations of the Bureau of Administration in establishing and
administering §§ 1-14-12, 1-14-12.12 to 1-14-12.18, inclusive, and 1-14-14 to 1-14-14.2,
inclusive, this chapter shall be financed by means of appropriations, gifts, grants, or
reimbursements for services rendered. The fees and charges for services shall be designed, to
the extent practicable, to recover all operational costs incurred to carry out the provisions of the
contracts between public corporations and the Bureau of Administration.
Section 15. That § 1-14-12.18 be repealed.
Section 17. That § 1-14-14.1 be amended to read as follows:
1-14-14.1. Every political subdivision of this state may contract with the Bureau of
Administration pursuant to §§ 1-14-12, 1-14-12.12 to 1-14-12.18, inclusive, and 1-14-14 to 1-14-14.2, inclusive, this chapter for the performances of all public services and functions
empowered by law for such subdivision. Each political subdivision may appropriate funds for
contracts pursuant to this section.
Section 18. That § 1-14-14.3 be repealed.
Section 19. That § 1-14-14.4 be repealed.
Section 20. That § 1-27-9 be amended to read as follows:
1-27-9. As Terms used in §§ 1-27-9 to 1-27-18, inclusive, mean:
1-27-11. There is hereby created a board consisting of the commissioner of administration, state auditor, attorney general, auditor-general, and state archivist to supervise and authorize the
destruction of records. The state records manager shall also serve as an ex officio member in
an advisory capacity only. No record shall may be destroyed or otherwise disposed of by any
agency of the state unless it is determined by majority vote of such the board that the record has
no further administrative, legal, fiscal, research, or historical value.
Section 22. That § 1-27-11.1 be amended to read as follows:
1-27-11.1. The board created by § 1-27-11 shall be administered under the direction and
supervision of the Bureau of Administration and the commissioner thereof, but. The board shall
retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special
budgetary functions (as defined in § 1-32-1) otherwise vested in it and the board. The board
shall exercise those functions independently of the commissioner of administration.
Section 23. That § 1-27-13 be amended to read as follows:
1-27-13. The head of each agency shall submit to the commissioner of administration, in
accordance with the rules, regulations, standards, and procedures established by him the
commission, schedules proposing the length of time each state record series warrants retention
for administrative, legal, or fiscal purposes after it has been received by the agency.
Section 24. That § 1-27-14 be amended to read as follows:
1-27-14. The head of each agency, also, shall submit lists of state records in his or her
custody that are not needed in the transaction of current business and that do not have sufficient
administrative, legal, or fiscal value to warrant further keeping for disposal in conformity with
the requirements of § 1-27-11.
Section 25. That § 1-27-14.1 be amended to read as follows:
1-27-14.1. Upon termination of employment with the state, each agency head shall transfer
his or her records to his a successor or to the state archives for appraisal and permanent
retention, unless otherwise directed by law. The records of any state agency shall, upon
termination of its existence or functions, be transferred to the custody of the archivist, unless
otherwise directed by law.
Section 26. That § 1-27-14.2 be amended to read as follows:
1-27-14.2. In any case where If any material of actual or potential archival significance is
determined by a state agency to be in jeopardy at risk of destruction or deterioration, and such
the material is not essential to the conduct of daily business in the agency of origin, the agency
head shall have authority to may transfer said the records to the physical and legal custody of
the state archivist whenever if the archivist is willing and able to receive them the records.
Section 27. That § 1-27-14.3 be amended to read as follows:
1-27-14.3. Records Any record transferred to the physical custody of the archivist remain
remains the legal property of the agency of origin, subject to all existing copyrights and statutory
provisions regulating their the record's usage, until such time as the agency head formally
transfers legal title to the archivist.
1-27-15. Nonrecord Any nonrecord material or materials not included within the definition
of records as contained in § 1-27-9 may, if not otherwise prohibited by law, be destroyed at any
time by the agency in possession of such materials without the prior approval of the
commissioner of administration.
Section 29. That § 1-27-17 be amended to read as follows:
1-27-17. Upon request, the commissioner of administration shall assist and advise in the
establishment of records management programs in the legislative and judicial branches of state
government and. The commissioner may, as required by them each branch, provide program
services similar to those available to the executive branch of state government pursuant to the
provisions of §§ 1-27-9 to 1-27-16, inclusive.
Section 30. That § 1-33-8.2 be repealed.
Section 31. That § 2-7-13 be repealed.
Section 32. That § 4-8-18 be amended to read as follows:
4-8-18. There is hereby created a capitol communications systems internal service fund to
encompass the operations of the capitol telephone system, the capitol mail system, and any and
all other capitol communication systems. The commissioner of the Bureau of Administration
is authorized to Information and Telecommunications shall apportion all expenses encountered
in the operation of the capitol communications systems to all state departments, agencies, and
institutions who that utilize such systems.
Section 33. That chapter 1-14 be amended by adding thereto a NEW SECTION to read as
follows:
Section 34. That § 5-14-2 be amended to read as follows:
5-14-2. The construction of all capital improvements projects as defined in § 5-14-1 of state
agencies, boards, commissions, and institutions shall be are under the general charge and
supervision of the Bureau of Administration as provided in this chapter, and the funds. Funds
appropriated shall be paid on warrants drawn by the state auditor on vouchers duly approved by
the Bureau of Administration and may also be approved by the authorized representative of the
agency, board, commission, or institution to which the project appropriation is made.
Section 35. That § 5-14-5 be amended to read as follows:
5-14-5. The Bureau of Administration, under the direction of the State Building Committee, shall, at the request of any state board that expects to appear before the Legislature for the
purpose of asking for any appropriation for state buildings and improvements, prepare such
plans and specifications and have the same plans and specifications ready before the Legislature
meets for their information; providing. If the services of a licensed architect or engineer are
deemed to be necessary for this purpose, the building committee as provided in § 5-14-3 shall
designate such architect or engineer.
Section 36. That § 5-14-7 be repealed.
Section 37. That § 5-14-8 be amended to read as follows:
5-14-8. The various agencies, boards, commissions, and institutions are authorized to may
accept and expend in addition to the amounts provided for new construction at any of the
institutions under their jurisdiction, any funds which may be obtained from any gift or
contribution from any source for said that purpose.
Section 38. That § 5-14-8.1 be amended to read as follows:
5-14-8.1. The South Dakota State Fine Arts Council, the State Building Committee provided
for in § 5-14-3, and the Bureau of Administration, are authorized to may accept and expend for
the purpose of this chapter, any funds which it may obtain from federal sources, gifts,
contributions, or any other source for the acquisition and installation of works of art in state
buildings in which the works of art shall be an integral part of the building, attached to the
building, or capable of display in other state buildings.
Section 39. That § 5-14-9 be amended to read as follows:
5-14-9. The Bureau of Administration shall keep the original or a copy of the plans and
specifications of all state buildings, of all bids submitted, and of all contracts let for their
erection, and. The bureau shall prepare and keep itemized statements of the cost of construction
of all such buildings.
Section 40. That § 5-14-10 be amended to read as follows:
5-14-10. No money appropriated by the state shall may be expended for the erection of any
building upon land not previously owned by the state before title thereto shall have been has
conveyed to the state by a deed duly executed and acknowledged, granting the title in fee, clear
of all encumbrances, without any reversionary clause or condition whatever, and the attorney
general shall have has certified that the title acquired by the state conforms to the requirements
of this section.
Section 41. That § 5-14-12 be amended to read as follows:
5-14-12. The standards and specifications set forth in § 5-14-13 apply to all buildings and
facilities used by the public which are constructed in whole or in part by the use of state, county,
or municipal funds, or the funds of any political subdivision of the state. All such buildings and
facilities constructed or remodeled after January 26, 1992, shall conform to these standards.
5-14-13.1. All public buildings and facilities providing facilities for the wheelchair user,
including but not limited to entrance and exit facilities, shall display at all entrances the
internationally recognized symbol for wheelchair users.
Section 43. That § 5-14-14 be amended to read as follows:
5-14-14. It shall be the responsibility of the The administrator in charge of, and authorized
to contract for, new construction, remodeling, alteration, or addition on behalf of the political
subdivision involved to shall enforce the provisions of §§ 5-14-12 and 5-14-13.
Section 44. That § 5-14-17 be amended to read as follows:
5-14-17. Every Each department or agency of state government operating and maintaining
an electrical energy producing plant is hereby authorized to may enter into such a contract or
contracts with the United States of America for the purchase of electrical energy which
contracts. The contract may include stipulations that the generation of electrical energy may be
discontinued; and. The department or agency may maintain such plants a plant in a serviceable
operating condition for standby service for the generation of electrical energy when if required
so to do by the United States.
Section 45. That § 5-14-18 be amended to read as follows:
5-14-18. Every Any person who intentionally burns, destroys, or injures any public building
or improvement in this state is punishable as provided in § 22-34-1.
Section 46. That § 5-14-22 be amended to read as follows:
5-14-22. The state shall have power to may lease or sell on a negotiated basis and to convey
any of its real property to a municipality or county, or to a nonprofit local industrial
development corporation as defined by § 5-14-23 and located therein, to be used by such grantee
for an authorized public purpose or industrial development purpose as enumerated in § 9-54-1.
Such The lease shall be authorized on the terms and in the manner provided by the Legislature.
Every Each sale shall be is subject to approval by an act of the Legislature.
Section 47. That § 5-14-23 be amended to read as follows:
5-14-23. "Local For the purposes of § 5-14-22, the term, local industrial development
corporation," as that term is used in § 5-14-22, is an enterprise incorporated under the laws of
the State of South Dakota, formed for the purpose of furthering the economic development of
a community and its environs, and with authority to promote and assist in the growth and
development of small business concerns in the areas covered by its operation. Such The
corporation shall be organized as a nonprofit enterprise and shall be composed of no fewer than
twenty-five members. A local industrial development corporation shall be principally composed
of and controlled by persons residing or doing business in the locality. Such persons shall
ordinarily constitute not less than seventy-five percent of the voting control of the local
development corporation. No member of the development corporation may own in excess of
twenty-five percent of the voting control in the development corporation if that member or that
member's affiliated interests have direct pecuniary interest in a project involving an application
under § 5-14-22. The primary objective of the local industrial development corporation shall be
is to benefit the community as measured by increased employment, payroll, business volume,
and corresponding factors.
Section 48. That § 5-14-30 be amended to read as follows:
5-14-30. There is hereby established within the bureau of administration Bureau of
Administration the state-wide maintenance and repair fund. The fund shall be maintained
separately and be administered by the bureau of administration bureau shall administer the fund
and maintain it separately in order to conduct maintenance and repair on state-owned buildings
pursuant to this chapter. The projects to receive funding shall be selected from a state-wide
maintenance and repair priority list developed by the bureau of administration. The board of
regents Board of Regents shall annually establish the priority for maintenance and repair
projects involving academic and revenue project buildings under its control. Any project of the
board of regents Board of Regents involving an academic building pursuant to § 13-51-1 may
be financed from the education facilities fund established under § 13-51-2 according to the order
of priority determined by the board of regents. The bureau of administration Bureau of
Administration shall place on the prioritized list of projects to be financed through the
state-wide maintenance and repair fund any project involving an academic building that has not
been financed through § 13-51-2. The board of regents Board of Regents shall have charge of
the maintenance and repair of revenue bond project buildings as provided in chapter 13-51A.
However, in order to be eligible to receive funding, in whole or in part, from the state-wide
maintenance and repair fund, each agency, board, bureau, or department of state government,
including the board of regents Board of Regents, shall submit to the bureau of administration
Bureau of Administration a complete list of all proposed maintenance and repair projects
notwithstanding other available funding sources for those projects. After the bureau of
administration determines which projects contained in the priority list are to receive funding,
those projects that are not to be funded through the state-wide maintenance and repair fund may
be financed by other funding sources. The priority list may be reprioritized if an emergency
arises and a written determination made by the bureau of administration of the basis for the
emergency is included with the state-wide maintenance and repair priority list.
Section 49. That § 5-15-1 be amended to read as follows:
5-15-1. The State of South Dakota declares that it is necessary that the capitol complex in
the city of Pierre be enlarged and beautified, and the. The South Dakota Capitol Complex
Restoration and Beautification Commission is charged with the duty of accomplishing shall
accomplish that purpose in the manner provided by law and herein set forth this chapter.
Section 50. That § 5-15-1.1 be amended to read as follows:
5-15-1.1. The Capitol Complex Restoration and Beautification Commission shall be
administered under the direction and supervision of the Bureau of Administration and the
commissioner thereof, but. The commission shall retain the quasi-judicial, quasi-legislative,
advisory, other nonadministrative and special budgetary functions (, as defined in § 1-32-1),
otherwise vested in it and shall exercise those functions independently of the commissioner of
administration.
5-15-2. The Capitol Complex Restoration and Beautification Commission shall consist
commission consists of one nonappointed member, who shall be the mayor of Pierre or his the
mayor's designee, and seven appointed members, not all of whom may be of the same political
party, to be appointed by the Governor for a term of four years. However, the terms of members
who are first appointed after July 1, 1980, shall be: Two appointed for a term of one year; two
appointed for a term of two years; and one for a term of four years, and initial terms shall be
designated by the Governor. Any member appointed to fill a vacancy arising from other than
the natural expiration of a term shall serve for only the unexpired portion of the term.
Section 52. That § 5-15-3 be amended to read as follows:
5-15-3. Each member of the Capitol Complex Restoration and Beautification Commission
commission shall, within ten days after appointment, qualify by taking the oath of office and
giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars,
the cost to be paid by the state.
Section 53. That § 5-15-4 be amended to read as follows:
5-15-4. The Capitol Complex Restoration and Beautification Commission commission shall
meet at least twice each year and at such additional times as may be necessary. All meetings
shall be held at the state capitol, and a majority of its members shall constitute constitutes a
quorum. The commission shall choose a chairman chair, and one of its members as secretary,
who shall keep minutes of its meetings. It The commission shall make reports to the Governor
on the progress of its work, and to the Legislature.
Section 54. That § 5-15-5 be amended to read as follows:
5-15-5. The per diem and expenses of Capitol Complex Restoration and Beautification
Commission commission members shall be paid by warrant of the state auditor by funds
appropriated therefor, on vouchers approved by the Bureau of Administration.
Section 55. That § 5-15-6 be amended to read as follows:
5-15-6. The Bureau of Administration shall employ such clerical and other help for the
Capitol Complex Restoration and Beautification Commission commission as in the bureau's
discretion seems necessary and is hereby authorized and empowered to. The bureau may employ
such assistance and provide such supplies and equipment as may be necessary to properly carry
on the work of the commission.
Section 56. That § 5-15-7 be amended to read as follows:
5-15-7. The Capitol Complex Restoration and Beautification Commission is authorized and
directed to commission shall make all necessary plans for the enlargement, restoration, and
beautification of the capitol complex or additions thereto, including uniform plans and
specifications for the its development thereof.
Section 57. That § 5-15-8 be amended to read as follows:
Section 58. That § 5-15-9 be amended to read as follows:
5-15-9. The Capitol Complex Restoration and Beautification Commission is hereby
authorized and empowered to cause to be printed and distributed commission may print and
distribute such pamphlets and leaflets and information as is proper and necessary to further and
advance the work, objects, and aims of the commission, and to acquaint South Dakota citizens
therewith, by having the same ordered and supplied through the Bureau of Administration; to
with the commission. The Bureau of Administration shall supply the pamphlets and leaflets for
the commission. The commission may have maps, diagrams, drawings, sketches,
representations, preliminary surveys, and studies made in conjunction with their the
commission's work, and to do all the necessary things to effectuate the purposes and intent of
§§ 5-15-1 to 5-15-23, inclusive.
Section 59. That § 5-15-10 be amended to read as follows:
5-15-10. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may accept and receive gifts of money and contributions and donations
of real and personal property from any source, including the city of Pierre, South Dakota, a
municipal corporation, and the United States of America, and to use the same for the purposes
of §§ 5-15-1 to 5-15-23, inclusive; to. The commission may deposit such moneys to the credit
of the commission, and to carry on a campaign for public contribution of such funds, and to
expend moneys necessary therefor.
Section 60. That § 5-15-11 be amended to read as follows:
5-15-11. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may make all necessary surveys in connection with its work; to, plat and
replat the area of the capitol complex acquired by the commission, or any part thereof, and to
open and dedicate streets to the use of the public in such area, granting easements therein and
use thereof to the city of Pierre, South Dakota, and to the public, for sewer, water, and
electricity, and other facilities; to. The commission may vacate any streets or alleys in the
manner provided by law in the areas acquired by it the commission or bordering on or adjacent
thereto; to. The commission may make agreements with the city for replacement of its facilities
in any vacated streets within the area; and to grant easements for erection and maintenance of
other necessary facilities and utilities.
Section 61. That § 5-15-12 be amended to read as follows:
5-15-12. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may acquire by gift or the exercise of the power of eminent domain in the
manner provided by law, and not otherwise, real property necessary for the state capitol complex
enlarged as provided by the plans adopted by the commission, and to lease or manage any such
property, and to sell excess property of the commission.
Section 62. That § 5-15-13 be amended to read as follows:
5-15-13. The city of Pierre shall have the power to may convey, without compensation
therefor, to the state any property owned by it the city within the boundaries of the capitol
complex as enlarged pursuant to the plan adopted, and area determined, by the Capitol Complex
Restoration and Beautification Commission commission.
Section 63. That § 5-15-14 be amended to read as follows:
5-15-14. The acts of the Capitol Complex Restoration and Beautification Commission
commission in its exercise of the power of eminent domain on behalf of the state and in the
selection of the lands acquired in the action of condemnation heretofore brought by the
commission in the circuit court for Hughes County, South Dakota, to acquire unimproved land
in the area known as Hilger's Gulch in the city of Pierre adjacent to the existing capitol grounds,
are hereby confirmed as if heretofore expressly conferred and said the action is cured, validated,
and legalized from its inception.
Section 64. That § 5-15-15 be amended to read as follows:
5-15-15. The location of any building to be erected in the capitol complex shall be
determined by the majority vote of a board consisting of the Governor, chairman chair of the
capitol complex restoration and beautification commission, and the executive head or officer
of any of the branches of state government, or the chairman chair, commissioner, or head of any
department, board, commission or agency thereof, for which a new building is authorized to be
erected.
Section 65. That § 5-15-16 be amended to read as follows:
5-15-16. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may make and execute all contracts and other instruments which may be
required in connection with the enlargement, renovation, and beautification of the state capitol
grounds and other duties imposed upon the commission by §§ 5-15-1 to 5-15-23, inclusive.
Section 66. That § 5-15-17 be amended to read as follows:
5-15-17. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may lease, manage, control, and maintain any of the property heretofore
or hereafter acquired by it, and to execute lease, or rental agreements therefor as it may deem
the commission deems advisable not exceeding terms. No lease agreement may exceed a term
of two years, which. The lease agreement shall be executed by the chairman chair and secretary.
Section 67. That § 5-15-18 be amended to read as follows:
5-15-18. The Capitol Complex Restoration and Beautification Commission shall have the
power to commission may sell unneeded or excess property of the commission other than real
property and to sever any buildings or structures from the land. The sale of any property by the
commission shall be at public auction or upon sealed bids, to be held in Hughes County, South
Dakota, to the highest bidder for cash. Notice of sale, containing terms of sale shall be given by
the commission which shall be published in at least two of the official newspapers of said the
county once a week for two successive weeks next before the day, on or after which the sale is
to be made, which date, and the location where such auction will be held, shall be stated in the
notice and shall be at least fifteen days from the first publication of notice. The right to reject
any and all bids shall be is reserved. The sale shall A sale may not be made before the day set
but shall be made within sixty days thereafter. In the event If bids or offers are used, the bids
shall be in writing, and shall be filed in the office of the chairman or secretary of the
commission in Pierre.
Section 68. That § 5-15-19 be amended to read as follows:
5-15-19. The Capitol Complex Restoration and Beautification Commission commission may
make sales of structures, material, or property severed from the land, or other personal property
to the public and to other state agencies, departments, or political subdivisions. Such sales to
state agencies, departments, or political subdivisions shall follow the procedures for other sales,
except that. However, no notice or advertisement for bid requirements or time of sale
requirements shall apply applies to such sale. When If the sale of any such property agreed to
by the commission shall exceed exceeds the sum of one hundred dollars, such the sale shall be
submitted by the commission to the State Board of Finance for approval, and, if approved, a bill
of sale may be executed by the commission.
Section 69. That § 5-15-20 be amended to read as follows:
5-15-20. The Capitol Complex Restoration and Beautification Commission shall also have
power, as it may deem advisable, to commission may dispose of, wreck, and destroy any
building acquired by it, its determination therefor to be approved by the State Board of Finance.
Section 70. That § 5-15-23 be amended to read as follows:
5-15-23. The Capitol Complex Restoration and Beautification Commission commission may
promulgate rules, pursuant to chapter 1-26, necessary and proper for the purposes of and not
inconsistent with §§ 5-15-1 to 5-15-20, inclusive.
Section 71. That § 5-15-24 be amended to read as follows:
5-15-24. All that A portion of the capitol grounds, as now exists and lies north of Broadway
in the city of Pierre shall hereafter Church Street located in Hilger's Gulch shall be known as the
Governor's Grove. It The Governor's Grove shall, under the supervision of the Bureau of
Administration, be properly landscaped and parked and shall contain a grove of hardy,
long-lived trees, each one properly marked and maintained as a memorial grove to the past,
present, and future Governors of South Dakota, and a. A new tree, as an addition to such grove,
shall be set out and properly dedicated on the first Arbor Day following the election of each
Governor hereafter. This park grove shall be maintained as an adjunct to the said capitol
grounds and shall be used for no other memorial purpose than as is provided for in this section;
provided, however, that. However, a gateway thereto to the grove may be provided in which
each county in the state shall be represented by a properly inscribed stone or marker.
Section 73. That § 5-15-25.2 be repealed.
Section 74. That § 5-15-25.3 be repealed.
Section 75. That § 5-15-26 be amended to read as follows:
5-15-26. The commissioner of administration shall be the superintendent of the state capitol,
and. The commissioner shall have the control, management manage, and supervision of
supervise the buildings and grounds, and the employment of such. The commissioner shall
employ engineers, carpenters, electricians, plumbers, mechanics, watchmen, policemen, elevator
operators, guides, janitors, and other laborers as shall may be necessary for the proper care,
safety, management, and maintenance of the capitol and grounds, and the public property there
kept, and for the proper protection of the same properties from injury and deterioration.
Section 76. That § 5-15-31 be repealed.
Section 77. That § 5-15-32 be repealed.
Section 78. That § 5-15-33 be repealed.
Section 79. That § 5-15-34 be amended to read as follows:
5-15-34. The commissioner of administration may promulgate such rules and regulations
pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare,
to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and
to declare what shall constitute constitutes a nuisance within the buildings of the capitol
complex and the capitol grounds. These regulations rules may include the regulation of hours
of general public accessibility to buildings within the capitol complex and the regulation of
obstruction, speed limits, and parking on the streets and alleys within the capitol grounds.
Section 80. That § 5-15-35 be amended to read as follows:
5-15-35. Any person who violates a lawful order, rule, or regulation promulgated pursuant
to § 5-15-34 commits a petty offense.
Section 81. That § 5-15-36 be amended to read as follows:
5-15-36. The South Dakota Capitol Complex Restoration and Beautification Commission
is hereby directed to commission shall set policy for and oversee the restoration and
beautification of the state capitol complex, Pierre, South Dakota.
Section 82. That § 5-15-36.1 be amended to read as follows:
5-15-36.1. The Capitol Complex Restoration and Beautification Commission commission
shall approve any plan of renovation of the capitol complex before such the renovation may be
constructed.
Section 83. That § 5-15-44 be amended to read as follows:
5-15-44. The South Dakota Capitol Complex Restoration and Beautification Commission
commission created by § 5-15-1 shall protect and preserve the integrity of the historic areas of
the state capitol building and shall, from time to time, propose restoration projects to restore
historic areas to their original appearance insofar as this objective is compatible with modern
use.
Section 84. That § 5-15-45 be amended to read as follows:
5-15-45. No person may alter, change, remodel, partition, cover, or conceal an historic area
which is a part of the state capitol building. In addition to the above, no person shall may deny
access to an historic area traditionally open to the public by creating physical barriers to access
by the public except as may be necessary for public health, safety, or the safety of the property,
or for the orderly conduct of state business, without the approval of the State Capitol Complex
Restoration and Renovation Commission commission. However, the commissioner of
administration temporarily may deny access to any area by the public or create temporary
barriers for a period up to ninety days if, in his the commissioner's judgment, it is necessary to
do so for the public health, safety, or the safety of the property, or to permit the orderly conduct
of state business.
Section 85. That § 5-15-50 be amended to read as follows:
5-15-50. The State of South Dakota accepts the gift of Mrs. Peter Norbeck of a bust of the
late United States Senator Norbeck and former Governor of this state, sculptured by the late
Gutzon Borglum, the same to be placed in a suitable place on the capitol grounds to be
determined by the Capitol Complex Restoration and Beautification Commission commission.
Section 86. That § 5-15-51 be amended to read as follows:
5-15-51. The granite statue of General William Henry Harrison Beadle, South Dakota
educator shall be permanently displayed in the rotunda of the state capitol on an appropriate
pedestal.
Section 87. That § 5-24-2 be amended to read as follows:
5-24-2. The inventories required by §§ 5-24-1 and 5-24-1.1 shall show the actual cost for
each item, or the estimated cost at the time of acquisition, if the actual cost cannot be
ascertained. In the case of gifts, the estimated fair market value at the time of acquisition shall
be used. The officer or employee shall retain one copy of the inventory in his the officer's or
employee's office. The others shall be filed, as provided in §§ 5-24-1.1 and 5-24-3.
Section 88. That § 5-24-5 be amended to read as follows:
5-24-5. Whenever If any article in the custody of any such officer or employee is lost or
destroyed, he the officer or employee shall make a note of the same loss or destruction in the
inventory for the current year, giving the date and circumstances of the loss or destruction.
Section 89. That § 5-24-6 be amended to read as follows:
5-24-6. In the event of the disposition of any of the If an officer or employee disposes of
personal property above mentioned, by the respective officers, without complying with the
requirements of this chapter, such the officer shall or employee, in addition to the penal penalty
prescribed by law, be is liable for the value thereof as shown by the last preceding inventory,
to be recovered in a civil suit.
Section 90. That § 5-24-7 be amended to read as follows:
5-24-7. Every Each officer enumerated in § 5-24-1, shall turn over all the public personal
property in his the officer's possession to his the officer's successor in office and. Each officer
shall take the receipt of his the officer's successor for all property requiring inventory, as defined
in rules issued promulgated by the commissioner of the Bureau of Administration, and. The
officer shall file such receipts any receipt in the offices where he the officer is, by this chapter,
required to file the inventory of the personal property in his the officer's possession.
Section 91. That § 5-24-8 be amended to read as follows:
5-24-8. Any officer who fails to comply with any of the provisions of §§ 5-24-1 to 5-24-7,
inclusive, shall be is guilty of a Class 2 misdemeanor.
Section 92. That § 5-24-11 be repealed.
Section 93. That chapter 1-14 be amended by adding thereto a NEW SECTION to read as
follows:
Section 94. That § 5-24-13 be amended to read as follows:
5-24-13. The commissioner of administration shall have the duty and power to shall
cooperate with the United States government, the general services administration, or any other
duly constituted federal agency thereof, by expending moneys and accepting federal surplus
commodities and property for care, exchange, and distribution of same them to all eligible
institutions. The commissioner of administration shall appoint an administrator who shall keep
and maintain an accurate record of all property received and distributed, and the. The record
shall be is subject to audit by the Department of Legislative Audit.
Section 96. That § 5-24-21 be repealed.
Section 97. That § 5-25-2 be amended to read as follows:
5-25-2. Each office, department, institution, board, and agency of this state operating a
state-owned passenger automobile or automobiles motor vehicle shall keep and maintain in its
respective office:
Section 98. That § 5-25-2.1 be repealed.
Section 99. That § 5-25-3 be repealed.
Section 100. That § 5-25-4 be amended to read as follows:
5-25-4. Without in any manner limiting the general powers hereinbefore prescribed, the
Governor is authorized to fix the rate of pay for use of privately owned vehicles when a single
person is using the vehicle, and on an ascending scale when additional passengers are carried;
to grant or refuse permits to travel by motor vehicle at state expense; to require payments of the
expense of said travel from different departments, officers, and agencies of the state when their
personnel is traveling with other motor vehicles; to set up and The Bureau of Administration
shall maintain an internal service fund under the supervision of the commissioner of
administration to collect and disburse mileage payments and motor vehicle disbursements
equitably between the several departments, agencies, and officers of the state; and to require
travel by public conveyances when same are available.
Section 101. That § 5-25-5 be repealed.
Section 102. That § 5-25-6 be repealed.
Section 103. That § 5-25-7 be repealed.
Section 104. That § 23-3-2 be repealed.
Section 105. That § 1-15-10 be amended to read as follows:
1-15-10. The Department of Corrections may make contracts for service, the erection of
buildings, the purchase and lease of lands, materials and supplies needed, except such supplies
as are under the supervision of the Bureau of Administration as prescribed by chapter 5-23; and
in carrying out such contracts 5-18B. The department may expend money, exact and collect
penalties, and purchase, lease, and sell property within the limitations of the state and national
laws to carry out such contracts.
Section 106. That § 1-18C-5.1 be amended to read as follows:
1-18C-5.1. The State Historical Society Board of Trustees shall, pursuant to chapter 1-26,
promulgate rules to identify the permanent public records subject to § 5-23-22.2 and to specify
how the notice provided for in § 5-23-22.2 shall be displayed require any state agency
publishing a document meant to be a permanent public record to print the document on a
permanent type of paper and to specify the type of permanent paper to be used for each
document. The state agency shall note the use of such paper in each document.
Section 107. That § 1-33B-9 be amended to read as follows:
1-33B-9. Guaranteed energy savings contracts are not subject to the requirements of chapters
5-18 and 5-23 chapter 5-18A.
Section 108. That § 1-36A-1.11 be amended to read as follows:
1-36A-1.11. The Department of Human Services may make contracts for service, the
erection of buildings, the purchase and lease of lands, materials, and supplies needed, except
such supplies as are under the supervision of the Bureau of Administration as prescribed by
chapter 5-23; and in carrying out such contracts 5-18B. The department may expend money,
exact and collect penalties and may purchase, lease and sell property within the limitations of
the state and national laws to carry out such contracts.
Section 109. That § 1-36A-7 be amended to read as follows:
1-36A-7. The Department of Human Services shall, under the direction and control of the
secretary of human services, perform all the functions of the following former agencies:
2-16-7. Notwithstanding chapter 5-18 chapters 5-18A and 5-18D, the South Dakota Code
Commission may draft specifications for material authorized for publication by § 2-16-6 and
advertise for and accept bids from editorial, printing, and publishing companies for production
of all material authorized by this chapter. The advertisement for bids shall be published twice
in at least three newspapers of general circulation in different parts of the state, and in such
additional manner as the commission may determine. The terms and conditions of the bids shall
be prescribed by the commission. Each contract shall be awarded to the lowest bidder which,
in the opinion of the commission, is the best bid consistent with the quality of editorial services,
printing, paper, binding, expeditious service and the best interests of the state. If the contract for
editorial services is separate from the contract for printing, the specifications shall be drawn in
such a manner as not to exclude South Dakota printing firms.
Section 111. That § 4-11-7 be amended to read as follows:
4-11-7. Nothing contained in this chapter shall prevent prevents a public corporation, as
defined in § 5-18-1, from employing a private accountant to examine and audit the books and
accounts thereof or of any of its officers whenever if the governing body or authorized official
thereof believes that the public interest requires it, provided and if such employment is first
approved by the auditor-general within his guidelines; and, except as hereinafter provided, such.
No private audit shall not may be paid for before a copy thereof shall have been is filed with and
approved by the auditor-general. The entity receiving audit services may approve progress
payments proportionate to the audit work completed so long as ten percent of the amount billed
is withheld pending approval by the auditor-general of the final report. The auditor-general may,
in his discretion, accept such audit in lieu of an examination otherwise required to be made by
him the auditor-general.
Section 112. That § 6-1-2 be amended to read as follows:
6-1-2. The provisions of § 6-1-1 are not applicable if the contract is made pursuant to any
one of the conditions set forth in the following subdivisions, without fraud or deceit; but,.
However, the contract is voidable if the provisions of the applicable subdivision were are not
fully satisfied or present at the time the contract was entered into:
7-25-7. Whenever If any county building is to be constructed, the board shall proceed as
required by chapter 5-18 5-18B. The time specified for opening of bids must shall be at one of
the regular or duly adjourned sessions of the board.
Section 114. That § 7-25-9 be amended to read as follows:
7-25-9. Each bid shall contain a certified check, cashier's check, or bank money order, in the
sum equal to five percent of the amount of the bid. The check or money order shall be certified
or issued by either a state or national bank domiciled within this state made payable to the
county or the county treasurer thereof. In lieu of a check or money order, a bid bond for ten
percent of the bid may be submitted. The bond shall be issued by a surety authorized to do
business in this state and payable to the county or the county treasurer thereof as a guaranty that
the bidder will enter into contract should it be, if the contract is awarded to him the bidder, and
furnish a bond as herein provided by this chapter. Should If the successful bidder forfeit his
forfeits a check, money order, or bid bond, the proceeds of the same check, money order, or bid
bond shall be turned into the county general fund. The checks, money orders or bid bonds of all
the unsuccessful bidders check, money order, or bid bond of each unsuccessful bidder shall be,
by the board, immediately returned to the respective makers thereof bidder. No more time may
elapse between the opening of the bids and either the acceptance of the bid of the lowest
responsible bidder, or the rejection of all bids presented than is permitted in § 5-18-7
subdivision 5-18A-5(7).
Section 115. That § 9-39-20 be amended to read as follows:
9-39-20. The provisions of chapter 5-18 5-18A relating to advertisement for bids and §§ 6-1-1 to 6-1-4, inclusive, relative to participation in contracts by members of the governing body,
shall apply to contracts of and members of municipal utility boards.
Section 116. That § 9-41-1.1 be amended to read as follows:
9-41-1.1. Notwithstanding the provisions of chapter 5-18 5-18A or any of the provisions of
Title 9 regarding the sale and purchase of property, a municipality operating a telephone system
pursuant to § 9-41-1 may lease and purchase equipment for resale to its customers and may
contract for services relating to the lease, purchase, sale, installation, and maintenance of the
same such property, in a manner and for a price and terms determined by the governing body.
If practicable the governing body shall secure at least two competitive quotations and retain
them for its files.
Section 117. That § 9-42-4 be amended to read as follows:
9-42-4. Whenever If any local improvement except other than a sidewalk or bulkhead is
ordered by the governing body, it the governing body shall have plans and specifications
prepared and filed in the office of the auditor or clerk and. The governing body shall designate
a time, not less than two weeks from the date of the filing, at which sealed bids for the
construction of the improvement will be received.
Section 118. That § 9-42-5 be amended to read as follows:
9-42-5. All contracts Any contract for the construction or repair of a public buildings
building or for public works or improvements, and all contracts any contract for material used
therefor and equipment purchased or rented in connection therewith, and all contracts any
contract for local improvements for which a special assessments are assessment is to be levied,
except as herein provided in this chapter and as provided in chapter 5-18, must chapters 5-18A
and 5-18B, shall be let to the lowest responsible bidder in accordance with the provisions of said
chapter 5-18 chapters 5-18A and 5-18B.
Section 119. That § 9-46-4 be amended to read as follows:
9-46-4. If such sidewalk is not constructed, reconstructed, or repaired in the manner and
within the time prescribed pursuant to § 9-46-3, the governing body by resolution may cause the
work to be done by day labor or by job. If the amount of the contract is less than the amount
provided for in § 5-18-3 § 5-18A-14, it is not necessary to advertise for bids.
Section 120. That subdivision (4) of § 10-46-1 be amended to read as follows:
Fair market value shall be determined at the time of purchase. If a public corporation
is supplying tangible personal property or any product transferred electronically that
will be used in the performance of a contract, fair market value shall be determined
pursuant to § 5-18-5.1 § 5-18B-7. This definition also applies to chapter 10-45;
11-7-44. All Any construction work, and work of demolition or clearing, and every any
purchase of equipment, supplies, or materials, necessary in carrying out the purposes of this
chapter, shall be awarded pursuant to the provisions of chapter 5-18 chapters 5-18A and 5-18B.
Section 122. That § 13-16-6.1 be amended to read as follows:
13-16-6.1. Notwithstanding the provisions of chapters 5-18 5-18A and 13-20, if any
proposed installment purchase contract or lease-purchase agreement authorized under chapter
13-16, is to be entered into by a school district, the notice for bidders shall require the bidders
to state the rate of interest and the installment payment or lease-purchase schedule that would
have to be made by the school district in fulfillment of the contract. However, the requirement
of this section does not apply to any installment purchase or lease-purchase to be entered into
between a school district and the health and educational facilities authority.
Section 123. That § 13-16-9.3 be amended to read as follows:
13-16-9.3. Any school district using the capital outlay fund for payment of construction of
new facilities or construction of additions to facilities, the total of which will require requires
advertising for bids under chapter 5-18, must 5-18A, shall have a public hearing at least ten days
prior to the advertisement of any contract specifications. Such The public hearing shall be
advertised in the legal newspaper of the school district. Following such the public hearing, and
approval of the school board, the school district may use the capital outlay fund as provided in
§ 13-16-6; provided, however, that a. No school district may not change the originally
advertised use of the fund without holding another public hearing.
Section 124. That § 13-20-3 be amended to read as follows:
13-20-3. Except for purchases made pursuant to chapter 13-34, whenever if any school
facilities are to be built or remodeled, or improvements are to be made to school sites, or when
if supplies or equipment are to be purchased contracts shall be let, the school board shall let
contracts in accordance with chapter 5-18 chapters 5-18A and 5-18B and in accordance with
plans and specifications that shall be furnished by the school board.
Section 125. That § 13-20-4 be amended to read as follows:
13-20-4. Whenever If an emergency maintenance need arises caused by wind, hail, fire,
theft, explosion, deterioration resulting in sudden destruction to a vital piece of school
equipment, or a traffic accident which would necessitate the closing of school while it the school
would otherwise be in session, or which will would endanger the usefulness of remaining school
property, the school board may take immediate action to correct such emergency maintenance
need in accordance with the procedures provided in chapter 5-18 5-18A. An emergency
maintenance need shall does not include the replacement of an entire school building.
13-20-6. The purchase of copyrighted material need not be submitted for bids as provided
in § 13-20-3 and chapter 5-18 when 5-18A if only one company publishes the copyrighted
material to be purchased.
Section 127. That § 13-20-7 be amended to read as follows:
13-20-7. When If supplies or equipment are to be purchased, a school board advertising
pursuant to § 13-20-3 may require a reasonable deposit guaranteeing the execution of contract
and the furnishing of a performance bond by the successful bidder in accordance with chapters
5-18 5-18A and 5-21. The board may accept an annual bond provided that it if the bid meets the
requirements of chapters 5-18 5-18A and 5-21. The board shall reserve the right to may reject
any and all bids.
Section 128. That § 13-20-7.1 be amended to read as follows:
13-20-7.1. When If school facilities are to be built or remodeled or improvements are to be
made to school sites, the school board advertising pursuant to § 13-20-3 shall require a
reasonable deposit guaranteeing the execution of the contract and the furnishing of a
performance bond by the successful bidder in accordance with chapters 5-18 and 5-21 5-18A
and 5-18B. The board shall reserve the right to may reject any and all bids.
Section 129. That § 13-49-16 be amended to read as follows:
13-49-16. All contracts Any contract for the erection and repair of buildings any building
and the purchase of ordinary supplies shall be let in accordance with chapter 5-18 chapters 5-18A and 5-18B except in the case of coal needed by the institutions.
Section 130. That § 13-49-34 be amended to read as follows:
13-49-34. Notwithstanding the provisions of chapters 5-23 or 5-24 chapter 5-24A, if the
Board of Regents assesses a special student fee to students in order to lease personal computers
for the use of those students at a university, the Board of Regents may, upon the expiration of
the lease, acquire the computers and offer them for resale to students, staff, or alumni through
a university bookstore or to any political subdivision of the state or in bulk at fair market value
on the resale market.
Section 131. That § 23A-37-13 be amended to read as follows:
23A-37-13. Any controlled weapon or firearm used in violation of chapter 22-14 shall be
disposed of as follows:
scientific examination purposes, for lawful use or disposal.
Section 132. That § 23A-40-7 be amended to read as follows:
23A-40-7. The board of county commissioners of each county and the governing body of
any municipality shall provide for the representation of indigent persons described in § 23A-40-6. They The board or body shall provide this representation by any or all of the following:
Section 133. That § 31-12-12 be amended to read as follows:
31-12-12. Any road, tile, and or culvert construction, repair work, or materials therefor upon
the county highway system, for which the county highway superintendent's estimated cost equals
or is less than the amount provided for in § 5-18-3 § 5-18A-14, may be advertised and let at a
public letting by the board of county commissioners, may be let privately at a cost not to exceed
the county highway superintendent's estimate, or may be built by day labor.
Section 134. That § 31-12-13 be amended to read as follows:
31-12-13. Any road, tile, or culvert construction, repair work, or materials therefor on the
county highway system, for which the county highway superintendent's estimated cost exceeds
the amount provided for in § 5-18-3 § 5-18A-14, shall be advertised and let at a public letting
by the board of county commissioners or may be built by day labor. The board may reject all
bids, in which event it case the board may readvertise or let privately by submitting the contract
to the Department of Transportation for approval.
Section 135. That § 31-12-14 be amended to read as follows:
31-12-14. If the cost of any road, bridge, tile, or culvert construction, repair work, or
materials upon a county highway system or secondary roads exceeds the amount provided for
in § 5-18-3 § 5-18A-14 or any less amount for which work bids are to be called for, and after
plans and specifications therefor have been prepared and filed in the office of the county auditor,
the board having charge shall designate a time not less than twenty days from the date of such
filing, at which sealed bids for such work or materials will be received, and. The board shall
cause notice thereof to be published once each week for two successive weeks in one of the
official newspapers of the county. Such The notice shall state where plans and specifications
may be examined, when and where bids will be opened, a brief statement of the principal items
of work and materials contemplated by the improvement, and the location of the same, the
amount of the certified check or bidder's bond to be required, and such further notice as the
board having supervision may deem advisable. Bids may be received at any special or regular
meeting of such the board. Such The board may in its discretion refuse to accept any bids
submitted.
Section 136. That § 31-12-27.1 be amended to read as follows:
31-12-27.1. Any county may contract with residents served by county roads for the
construction, maintenance, and improvement of county roads or any portion thereof serving
county residents. Whenever it shall appear to If the board of county commissioners of any
county by, upon a petition presented by a resident or residents within the county, a copy of
which petition shall be filed in the office of the county auditor of the county of which the
petitioner or petitioners are residents of, determines that it will be to is in the best interest of the
petitioner or petitioners and in the public interest that the petitioner or petitioners enter into an
agreement in writing with the board of county commissioners of such county for the
construction, maintenance, or improvement of county roads or any portion thereof, the board
of county commissioners may, in its discretion, enter into an agreement in writing with the
petitioner or petitioners to construct, maintain, or improve any such county road or portion
thereof to be specifically designated, at and for a price to be paid to the county to be expressed
in the agreement. If it shall appear to the board of county commissioners determines that it will
be to is in the public interest to enter into such an agreement, it shall be lawful for it to the board
may do so and such the county may, by and through its highway department and with the
personnel and equipment thereof or by privately let contract pursuant to § 5-18-13 § 5-18A-9,
perform or cause to be performed such construction, maintenance, and improvement specified
in the written agreement under the supervision and control of the county highway
superintendent. The prices specified in the contract shall be paid to the county or if privately let,
to the person performing the work by the resident or residents petitioning upon estimates
certified to by the county highway superintendent.
Section 137. That § 31-17-14 be amended to read as follows:
31-17-14. The court, by its judgment in an action pursuant to § 31-17-11 shall have the right
to, may determine the necessity and extent of any construction, improvement, or repair of such
highway; the right to enforce equal contribution to the costs thereof by both townships; and the
right to require the board of supervisors of both townships to jointly meet and advertise for bids
and enter into a contract for the construction, improvement, or repair of such highway in the
manner provided by §§ 5-18-3 and 5-18-5 §§ 5-18A-14 and 5-18B-10.
Section 138. That § 33-12-28 be amended to read as follows:
33-12-28. The provisions of chapters 5-18, 5-19 and 5-21 5-18A, 5-18B, and 5-18D,
governing contracts by public corporations, apply to contracts and purchases by the adjutant
general and the Department of Military and Veterans Affairs. However, in case of insurrection,
invasion, tumult, riot, breach of the peace, imminent danger thereof, or other great emergency,
the Governor may, upon the certificate of the adjutant general, temporarily suspend the
operation of law and direct the quartermaster general to purchase in the open market any
necessary military property or supplies. The adjutant general shall report to the Governor the
amount of property and supplies purchased and the prices paid.
Section 139. That § 34-31-8 be amended to read as follows:
34-31-8. Notwithstanding the provisions of § 5-23-2 § 5-18D-25, the Department of
Agriculture 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 the vehicles are licensed dealers as required by § 5-23-2 § 5-18D-25, for distribution
to fire departments or districts for fire suppression. The department may charge recipients for
reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and
supplies to counties and rural fire departments or districts. The department may administer
federal and state cost assistance programs related to such rural fire protection.
Section 140. That § 34A-5-41 be amended to read as follows:
34A-5-41. The board of trustees of any sanitary district incorporated under this chapter may
submit to the voters of the district at an annual election or a special election called and held in
accordance with chapter 9-13 the question whether the district shall be authorized to acquire and
operate a water system, or the application for incorporation filed in accordance with § 34A-5-6
may request such authority. Upon approval of the grant of such authority by a majority of the
qualified electors voting on the question, or upon entry of the order incorporating the district if
the application has requested such authority, the board of trustees shall be authorized to may
acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment
plants, and all other facilities used or useful for the supply and distribution of water, and to
acquire and operate any of such facilities, and to contract for the service of any such facilities
owned by the adjacent municipality or for the use of district facilities by the municipality; and
in connection with all such matters the district and its board of trustees shall have has all powers
herein granted with reference to sewer facilities. In the exercise of such powers the board of
trustees may purchase any existing facilities used or useful therefor, or may contract for the
construction of any such facilities in the manner provided in chapters 5-18 and 5-19 5-18A and
5-18B.
Section 141. That § 34A-6-63.1 be amended to read as follows:
34A-6-63.1. The governing body of any county, municipality, or political subdivision of the
state may, by ordinance or resolution, establish policies, requirements, and procedures for the
purchase, acquisition, sale, or transfer of any solid waste, as defined in § 34A-6-1.3; solid waste
by-products; recyclable materials, as defined in § 34A-6-61; and scrap materials by any solid
waste or recycling system or facility that is owned or operated by the county, municipality, or
political subdivision or by any other facility or program that is owned or operated by the county,
municipality, or political subdivision. Policies and requirements established pursuant to this
section shall conform to state statutes and rules related to solid waste and recycling.
length of contract, to obtain the price or conditions most advantageous to the governing body.
The governing body may authorize procedures for adjusting prices to meet changing market
conditions not within the control of the purchaser or seller. No governing board member and no
officer of the county, municipality, or political subdivision may purchase or acquire the
materials described in this section unless such materials are available for sale to or acquisition
by the general public.
Section 142. That § 34A-16-27 be amended to read as follows:
34A-16-27. Chapter 5-18 applies The provisions of chapter 5-18A apply to purchases by the
district.
Section 143. That § 42-7A-5 be amended to read as follows:
42-7A-5. When If entering into contracts any contract pursuant to subdivision 42-7A-4(3),
the executive director shall utilize an open and competitive bid process which reflects the best
interest of the State of South Dakota. Such contracts are Any such contract is exempt from the
provisions of chapter 5-23 chapters 5-18A and 5-18D. The executive director shall consider all
relevant factors including security, competence, experience, timely performance, and
maximization of net revenues to the state. Contracts Any contract entered into pursuant to
subdivision 42-7A-4(3) for major procurements are subject to the approval of the commission
and are subject to the provisions of chapter 5-18 chapters 5-18A and 5-18D.
Section 144. That § 46-6-31 be amended to read as follows:
46-6-31. The chief engineer, when if plugging or otherwise controlling a well pursuant to
the provisions of §§ 46-6-29 and 46-6-30, shall comply with the bidding provisions of chapter
5-18 chapters 5-18A and 5-18B unless he the chief engineer determines that compliance with
those provisions will result in harm to health or property or will result in an unreasonable waste
of water.
Section 145. That § 46-7-5.1 be amended to read as follows:
46-7-5.1. Upon failure or refusal of an owner of unsafe works to make the changes necessary
to secure the safety of the works pursuant to the chief engineer's order or order of the board as
applicable, the chief engineer may enter upon the property where the works are located and
make the necessary changes. The cost of the work shall be borne by the owner of the works and
may be recorded as a lien against any property of the owner until paid. This section does not
limit any other remedy against the owner of the works. The chief engineer shall comply with the
bidding provisions of chapter 5-18 chapters 5-18A and 5-18B unless he the chief engineer
determines that compliance with those provisions will result in harm to public health or
property.
Section 146. That § 46-7-5.2 be amended to read as follows:
46-7-5.2. Notwithstanding the pendency of any notice, order, or protest pursuant to § 46-7-5,
the chief engineer may immediately breach or repair any works if, in his the chief engineer's
judgment, it is necessary to protect human life from imminent danger. The cost of the work in
such cases shall be borne by the owner of the works and may be recorded as a lien against any
property of the owner until paid. The provisions of chapter 5-18 chapters 5-18A and 5-18B are
not applicable to this section. This section does not limit any other remedy against the owner
of the works.
Section 147. That § 46A-1-80.1 be amended to read as follows:
46A-1-80.1. All interest, title, and rights of ownership in the two eight-inch dredges and one
ten-inch dredge and associated equipment and any money are hereby transferred to the South
Dakota Lakes and Streams Association, for use in the restoration of lakes and streams, with
priority given to lakes and streams in South Dakota. This transfer is effective only for so long
as the dredges are owned by the association and are used for the above purpose. If the South
Dakota Lakes and Streams Association ceases to exist or apply the dredges to the above
purpose, all right, title, and interest in the dredges shall revert to the State of South Dakota. In
the event of such reversion, the Bureau of Administration shall sell the dredges to the highest
bidder, notwithstanding any requirements of chapter 5-23 5-24A in regard to minimum bids.
Section 148. That § 46A-9-52 be amended to read as follows:
46A-9-52. All Any water user district contracts contract for the construction, alteration,
extension, or improvement of any works, or any part or section thereof, or any building, for the
use of the district, or for the purchase of any materials, machinery, or apparatus therefor shall
be is governed by chapter 5-18 chapters 5-18A and 5-18B.
Section 149. That § 46A-9-53 be amended to read as follows:
46A-9-53. Before publication of any advertisement pursuant to chapter 5-18 5-18A, plans
and specifications for the proposed construction work or materials shall be prepared and filed
at the principal office or place of business of the water user district. The advertisement shall be
published as required by § 5-18-3 § 5-18A-14 and, in the discretion of the board of directors of
the district, may be published in such additional newspapers or trade or technical periodicals as
may be selected by the board in order to give proper notice of the receiving of bids. The
advertisement shall designate the nature of construction work proposed to be done or materials
proposed to be purchased.
Section 150. That § 46A-10A-75 be amended to read as follows:
46A-10A-75. At any time after adopting a drainage plan or other official control, a board
may construct drainage or let contracts for its construction. A contract may be for construction
of an entire drainage project, for any portion thereof, or for material and labor separately, and
the contract shall be let by competitive bid. A board has the right to may reject any bid. The
lowest responsible and capable bidder shall be accepted. If a responsible and capable landowner
affected by the project submits one of several low bids, he the landowner shall be given contract
preference. If a contract is let, the contractor shall post a bond in the amount of the contract,
conditioned on faithful performance of the contract and full completion of the contract to the
satisfaction of the board. For purposes of bids on a proposed project, all plans and specifications
for the project shall be filed in the office of the county auditor. If, in the judgment of the board,
the entire project or any part thereof can be constructed for less money than the amount of the
lowest bid submitted, the board may hire the necessary labor and purchase the necessary
material for the construction without letting contracts, the provisions of chapter 5-18 chapters
5-18A and 5-18B notwithstanding.
Section 151. That § 46A-10A-116 be amended to read as follows:
46A-10A-116. The board of trustees may control, supervise, and manage the district. Subject
to the legal controls for drainage management under § 46A-10A-20, the board of trustees may,
in conformity with any applicable local, state, and federal laws, rules, ordinances, and
regulations:
Section 153. That subdivision (13) of § 5-18A-22 be amended to read as follows:
5-18A-17. No state officer or employee who approves, awards, or administers a contract
involving the expenditure of public funds or the sale or lease of property, may have an interest
in a contract that is within the scope of the officer's or employee's official duties. This
prohibition includes any state officer or employee who, in his or her official capacity,
recommends the approval or award of the contract or who supervises a person who approves,
awards, or administers the contract. This prohibition does not include any state officer who
serves without compensation or who may be paid per diem pursuant to § 4-7-10.4. Any contract
made in violation of this section is void. Any state officer or employee who knowingly violates
this section is guilty of a Class 2 misdemeanor.