Chapter 218

(Senate Bill 34)

An Act to make an appropriation to expand rural access to broadband services and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby appropriated from the general fund the sum of $75,000,000 to the Governor's Office of Economic Development, for purposes of expanding broadband throughout the state of South Dakota.

Section 2. The funds appropriated in section 1 of this Act shall be used exclusively to expand and improve broadband in the state of South Dakota, via any transmission technology that can provide high-speed internet access, and for administrative costs necessary for expending these dollars efficiently and effectively.

Section 3. Priority shall be given to projects that:

(1) Seek to leverage private investment, federal grants, or extensions of existing infrastructure;

(2) Serve any location that does not currently offer broadband at speeds at or above 100 mbps download/20 mbps upload; or

(3) Are most cost effective and technically efficient in that the projects propose to serve the highest number of homes, businesses, and community anchor points for the least cost and best level of service, emphasizing projects that offer the highest broadband speeds.

Section 4. Funds shall be disbursed according to the specific needs of each project and in such a way that best advances the broadband needs of the area to be served.

Section 5. The commissioner of the Governor's Office of Economic Development shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 7. Nothing in this Act may affect the approval and continued funding of projects commenced prior to the effective date of this Act.

Section 8. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Signed March 25, 2021

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.