Changes to Existing Law

26.917.21 26.917.22 101st Legislative Session 236 2026 South Dakota Legislature Senate Bill 236 SENATE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to create the county and township infrastructure fund for the accounting, 1 safekeeping, and allocation of unobligated rural access infrastructure fund 2 moneys. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 31-34-3 be AMENDED: 5 31-34-3. Each county shall establish a rural access infrastructure fund for the 6 deposit of moneys received pursuant to this chapter. The board of county commissioners 7 may only distribute fund moneys for the following expenses: 8 (1) Engineering, hydrological studies, planning, materials, and other costs as 9 necessary to plan for and complete the projects; 10 (2) Construction, rehabilitation, or replacement of small structures located in 11 townships complying with the requirements of this chapter; and 12 (3) Construction, rehabilitation, or replacement of small structures described in a 13 county highway and bridge improvement plan that, which are located on county 14 secondary highways. 15 The moneys may not be used on a no maintenance no-maintenance road. 16 Moneys received under this chapter must be obligated or spent by the county 17 before the end of the 2029 fiscal year. All other unobligated or unspent moneys may be 18 used for expenses until reverted pursuant to § 4-8-21. Moneys may only be used for the 19 expenses of those small structures inventoried with the department, as referenced in § 31-20 34-2 On June thirtieth of each odd-numbered third year, beginning in 2029, the county auditor shall 21 shall transfer any unexpended moneys, not contractually obligated and approved under this 22 this chapter, to the state treasurer for deposit in the county and township infrastructure fund, 23 fund, created in section 2 of this Act. 24 Section 2. That a NEW SECTION be added to chapter 32-11: 25 26.917.21 26.917.22 2 236 Underscores indicate new language. Overstrikes indicate deleted language. There is created in the state treasury the county and township infrastructure fund. 1 The fund consists of unobligated moneys transferred pursuant to § 31-34-3. Expenditures 2 from the fund must be budgeted through the general appropriation bill. The Department 3 of Revenue shall administer the fund. The purpose of the fund is to: 4 (1) Provide for the distribution of moneys to counties, in accordance with § 31-34-2, 31-34-2; 5 for: and 6 (a) Allocation to rural access distribution funds; and 7 (b) Payment of expenses associated with the small structures inventoried with 8 the department; and 9 (2) Provide for the accounting and safekeeping of unobligated or unspent moneys 10 7 distributed to rural access distribution funds, as provided in chapter 31-34. 11 8

26.917.22 26.917.23 101st Legislative Session 236 2026 South Dakota Legislature Senate Bill 236 SENATE LOCAL GOVERNMENT ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to create the county and township infrastructure fund for the accounting, 1 safekeeping, and allocation of unobligated rural access infrastructure fund 2 moneys. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 31-34-3 be AMENDED: 5 31-34-3. Each county shall establish a rural access infrastructure fund for the 6 deposit of moneys received pursuant to this chapter. The board of county commissioners 7 may only distribute fund moneys for the following expenses: 8 (1) Engineering, hydrological studies, planning, materials, and other costs as 9 necessary to plan for and complete the projects; 10 (2) Construction, rehabilitation, or replacement of small structures located in 11 townships complying with the requirements of this chapter; and 12 (3) Construction, rehabilitation, or replacement of small structures described in a 13 county highway and bridge improvement plan that, plan, which are located on county 14 secondary highways. 15 The moneys may not be used on a no maintenance no-maintenance road. 16 Moneys received under this chapter must be obligated or spent by the county 17 before the end of the 2029 fiscal year. All other unobligated or unspent moneys may be 18 used for expenses until reverted pursuant to § 4-8-21. Moneys may only be used for the 19 expenses of those small structures inventoried with the department, as referenced in § 31-20 34-2 On June thirtieth of each third year, beginning in 2029, the county auditor shall 21 transfer any unexpended moneys, not contractually obligated and approved under this 22 chapter, to the state treasurer for deposit in the county and township infrastructure fund, 23 created in section 2 of this Act. 24 Section 2. That a NEW SECTION be added to chapter 32-11: 25 26.917.22 2 236 Underscores indicate new language. Overstrikes indicate deleted language. There is created in the state treasury the county and township infrastructure fund. 1 The fund consists of unobligated moneys transferred pursuant to § 31-34-3. Expenditures 2 from the fund must be budgeted through the general appropriation bill. The Department 3 of Revenue shall administer the fund. The purpose of the fund is to: 4 26.917.23 2 236 SB236 ENROLLED (1) Provide for the distribution of moneys to counties, in accordance with § 31-34-2; 5 and 6 (2) Provide for the accounting and safekeeping of unobligated or unspent moneys 7 distributed to rural access distribution funds, as provided in chapter 31-34. 8 26.917.23 3 236 SB236 ENROLLED An Act to create the county and township infrastructure fund for the accounting, safekeeping, and allocation of unobligated rural access infrastructure fund moneys. I certify that the attached Act originated in the: Senate as Bill No. 236 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 236 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State