(House Bill 1070)
An Act to clarify certain provisions of the rural access infrastructure improvements grant program.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 31-34-2 be AMENDED:
Before August 1,
2021, the Department of Revenue shall distribute the sum of three
million dollars on a pro rata basis to each county
for the purpose of planning and completing an inventory of small
structures as prescribed by the Department of Transportation. Before
August 1, 2022, the Department of Revenue shall distribute a portion
of the sum of three million dollars to each county based on the
allocation calculated in accordance with this section for the
purposes described in § 31-34-3.
Each county's allocated percentage is calculated by using the total
number of small structures on township roads and county secondary
roads located in a county divided by the sum of all small structures
on township roads and county secondary roads in the state as reported
to the Department of Transportation, multiplied by one hundred. Each
county that receives
this rural access infrastructure program shall use the
accordance with the provisions of this chapter.
Section 2. That § 31-34-3 be AMENDED:
Each county shall
establish a rural access infrastructure fund for the deposit of
pursuant to this chapter. The
funds shall be distributed by the board of county commissioners
board of county commissioners may only distribute fund moneys
(1) Engineering, hydrological studies, planning, materials, and other costs as necessary to plan for and complete the projects;
(2) Construction, rehabilitation, or replacement of small structures located in townships complying with the requirements of this chapter;
(3) Construction, rehabilitation, or replacement of small structures described in a county highway and bridge improvement plan that are located on county secondary highways.
moneys may not
be used on no maintenance roads or minimum maintenance roads.
Moneys not obligated or spent from a county's fund may be used for the expenses until reverted pursuant to § 4-8-21. Moneys may only be used for the expenses of those small structures inventoried with the department, as referenced in § 31-34-2, by June first of the preceding fiscal year.
Section 3. That § 31-34-4 be AMENDED:
to a fund
pursuant to this chapter
submitted to the board of county commissioners on or before
on forms prescribed by the association of county commissioners. The
board of county commissioners shall award the
moneys no later
the immediately following January
Applications from townships
accompanied by a resolution approved by the township board of
supervisors authorizing the application and any funding commitments
made by the township. The township or county share
is a minimum of
twenty percent of the
to complete the project.
Applications for county secondary
submitted by the county highway superintendent.
Section 4. That § 31-34-6 be AMENDED:
township shall timely file the township small structure
improvement plan pursuant to § 31-34-7
with the county highway superintendent and an annual report pursuant
to § 8-10-30
in order to be eligible for the funds. Any township requesting use of
rural access infrastructure
to this chapter shall meet at least one of the following
(1) Impose an annual property tax levy of fifty cents per thousand pursuant to § 10-12-28.2; or
(2) Impose a tax levy opt out pursuant to § 10-13-36.
Section 5. That § 31-34-7 be AMENDED:
To be eligible to
receive funding from the rural access infrastructure fund established
under this chapter, a township shall, each year by
submit to the county that township is located in, a township small
structure improvement plan and any updates shall be made in
accordance with this section. The township small structure
improvement plan shall include:
(1) One or more maps showing the location of all small structures within the township;
(2) The location, width, and length of each small structure;
(3) A report on the condition of each small structure;
(4) Whether the small structure
is posted for load capacity, and if so, what the posted
(5) A list of all small structure improvement projects proposed to be undertaken by the township over the next five years including the location of the project, type of project, source of funding for the project, estimated cost of the project, and the year the project is proposed to be completed; and
(6) Such additional items as may be prescribed by the Department of Transportation.
Signed February 14, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.