ENTITLED An Act to revise the eligibility of roads for the rural access infrastructure fund.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 31-34-3 be AMENDED:
31-34-3. Each county shall establish a rural access infrastructure fund for the deposit of moneys received pursuant to this chapter. The board of county commissioners may only distribute fund moneys for the following expenses:
(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.
The moneys may not be used on a no maintenance road.
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 2. That 31-34-5 be AMENDED:
31-34-5. The board of county commissioners shall, at a minimum, consider the following criteria in awarding rural access infrastructure grants:
(1) Traffic use of the highway;
(2) Public safety;
(3) Residential, commercial, recreational, and other uses of the highway;
(4) Cost of the project;
(5) Length of detour if the project is not completed;
(6) Number of residences, farms, and ranches served by the project;
(7) Contribution from the township or others to the project and the ability of the township to fund the project without utilizing the rural access infrastructure fund;
(8) Confirmation the project is not located on a no maintenance road;
(9) Hydrological impact;
(10) If the highway does not terminate into a field entrance, driveway, single residence, farm, or ranch;
(11) The application, or group of applications, that best serves the citizens of this state; and
(12) Any other matters deemed applicable by the board of county commissioners.
The decisions of the county commissioner must be final and nonappealable. However, a denied application may be submitted in a subsequent year.
An Act to revise the eligibility of roads for the rural access infrastructure fund.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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