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 1-44-30 – 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 […]