Section 1-44-1 – Department continued.
1-44-1. Department continued. The Department of Transportation is hereby continued. Source: SL 1973, ch 2, §221.
Section 1-44-11 – Performance of functions of Aeronautics Commission.
1-44-11. Performance of functions of Aeronautics Commission. The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except: (1)Advisory functions (as defined in §1-32-1) with respect to programs associated with the commission; (2)Special budgetary functions (as defined in §1-32-1) provided for by […]
Section 1-44-16 – Contracts for tourism promotion programs.
1-44-16. Contracts for tourism promotion programs. The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation. Source: SL 1973, ch 2, §207; SL 1984, ch 207, §11.
Section 1-44-18 – Duties of department as to railroads.
1-44-18. Duties of department as to railroads. The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal-state relationship of programs relating to railroads, assist any public or private agency or corporation in coordinating railroad services with those of other transportation […]
Section 1-44-2 – Secretary as head of department.
1-44-2. Secretary as head of department. The head of the Department of Transportation is the secretary of transportation. Source: SL 1973, ch 2, §222.
Section 1-44-20 – Powers of department as to railroads.
1-44-20. Powers of department as to railroads. The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, or authority, on such terms and conditions as […]
Section 1-44-21 – Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.
1-44-21. Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock. Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature. Source: SL 1980, ch 325, §3A; SL 1981, ch […]
Section 1-44-22 – Department may accept and spend funds.
1-44-22. Department may accept and spend funds. The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers. Source: SL 1980, ch 325, §4; SL 1996, ch 20, §8.
Section 1-44-24 – Liberal construction of department’s authority.
1-44-24. Liberal construction of department’s authority. The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed. Source: SL 1980, ch 325, §6; SL 1996, ch 20, §9.
Section 1-44-25 – South Dakota State Railroad Board–Appointment–Terms–Vacancy–Officers–Removal.
1-44-25. South Dakota State Railroad Board–Appointment–Terms–Vacancy–Officers–Removal. The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the […]
Section 1-44-26 – Railroad Board–Qualifications of members.
1-44-26. Railroad Board–Qualifications of members. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation […]
Section 1-44-27 – Approval by Railroad Board of department activities.
1-44-27. Approval by Railroad Board of department activities. The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state. Source: SL 1980, ch 325, §9; SL 1996, ch 20, […]
Section 1-44-28 – Management of state railroad property–Notice of sale–Option to lessee or abutting owner–Right of use by utility.
1-44-28. Management of state railroad property–Notice of sale–Option to lessee or abutting owner–Right of use by utility. The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue […]
Section 1-44-29 – Records of railroad property management.
1-44-29. Records of railroad property management. The Department of Transportation shall maintain those property management records generally maintained by railroads for state-owned railroad property and facilities. Source: SL 1981, ch 12, §2; SL 1996, ch 20, §12.
Section 1-44-3 – Agencies constituting department.
1-44-3. Agencies constituting department. The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation. Source: SL 1973, ch 2, §224; SL 1996, ch 20, §1.
Section 1-44-30 – Rules for management of property.
1-44-30. Rules for management of property. Pursuant to chapter 1-26, the railroad board shall adopt and publish rules to implement §1-44-29. The railroad board may, by board resolution, implement the provisions of §1-44-28 and need not implement such provisions pursuant to §§1-26-4 to 1-26-14, inclusive. Source: SL 1981, ch 12, §3; SL 1982, ch 20, […]
Section 1-44-31 – Railroads administration fund–Creation–Services–Expenditure.
1-44-31. Railroads administration fund–Creation–Services–Expenditure. There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To the extent possible, expenditures for administration and maintenance […]
Section 1-44-32 – Funds subject to state budget provisions.
1-44-32. Funds subject to state budget provisions. Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7. Source: SL 1981, ch 12, §5.
Section 1-44-36 – Use of recovered material by Department of Transportation.
1-44-36. Use of recovered material by Department of Transportation. The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all highway improvements, consistent with safe […]
Section 1-44-4 – Transportation Commission created–Appointment and qualifications of members.
1-44-4. Transportation Commission created–Appointment and qualifications of members. There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be from the same political party. No […]