This amendment is a technical cleanup that renumbered the exemptions in § 5-18A-22 from (3)-(18) to (4)-(19) and corrected a citation reference from "1-16B, 1-16G, 1-16H, 1-16J, 5-15 12" to "1-16B, 1-16G, 1-16H, 1-16J, 5-12"—substantive changes to the bill's content were not made, only its technical presentation for enrollment. The bill's core purpose of exempting highway construction contracts from procurement requirements remains unchanged.
26.478.16 26.478.17 101st Legislative Session 26 2026 South Dakota Legislature Senate Bill 26 Introduced by: The Chair of the Committee on Transportation at the request of the Department of Transportation Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise procurement for highway construction contracts. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 5-18A-22 be AMENDED: 3 5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D 4 do not apply to: 5 (1) Any highway construction contract entered into by the Department of 6 Transportation; 7 (2) Any political subdivision's utility contract to be bid in combination with a highway 8 construction contract of the Department of Transportation; 9 (3) Any contract for the purchase of supplies from the United States or its agencies or 10 any contract issued by the General Services Administration; 11 (3)(4) (4) Any purchase of supplies or services, other than professional services, by 12 purchasing agencies from any active contract that has been awarded by any 13 government entity by competitive sealed bids or competitive sealed proposals or 14 from any contract that was competitively solicited and awarded within the previous 15 twelve months; 16 (4)(5) (5) Any equipment repair contract; 17 (5)(6) (6) Any procurement of electric power, water, or natural gas; chemical and biological 18 products; laboratory apparatus and appliances; published books, maps, periodicals 19 and technical pamphlets; works of art for museum and public display; medical 20 supplies; communications technologies, computer hardware and software, 21 peripheral equipment, and related connectivity; tableware or perishable foods; 22 (6)(7) (7) Any supplies, services, and professional services required for externally funded 23 research projects at institutions under the control of the Board of Regents; 24 (7)(8) (8) Any property or liability insurance or performance bonds, except that the actual 25 procurement of any insurance or performance bonds by any department of the 26 26.478.16 26.478.17 2 26 Underscores indicate new language. Overstrikes indicate deleted language. SB26 ENROLLED state government, state institution, and state agency shall be made under the 1 supervision of the Bureau of Human Resources and Administration; 2 (8)(9) (9) Any supplies needed by the Department of Human Services or the Department of 3 Social Services or prison industries for the manufacturing of products; 4 (9)(10) (10) Any printing involving student activities, conducted by student organizations 5 and paid for out of student fees, at institutions under the control of the Board of 6 Regents. However, nothing in this subdivision exempts, from the requirements of 7 this chapter and chapters 5-18B, 5-18C, and 5-18D, purchases that involve 8 printing for other activities at institutions under the control of the Board of Regents; 9 (10)(11) (11) Any purchase of surplus property from another purchasing agency; 10 (11)(12) (12) Any animals purchased; 11 (12)(13) (13) Any purchase by a school district of perishable food, raw materials used in 12 construction or manufacture of products for resale, or for transportation of 13 students; 14 (13)(14) (14) Any authority authorized by chapters 1-16A, 1-16B, 1-16G, 1-16H, 1-16J, 5-15 12, 5-12, or 11-11; 16 (14)(15) (15) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the 17 operation of farms by institutions under the control of the Board of Regents; 18 (15)(16) (16) Any purchase of supplies for any utility owned or operated by a municipality if 19 the purchase does not exceed the limits established in § 5-18A-14; 20 (16)(17) (17) For political subdivisions, any contract for asbestos removal in emergency 21 response actions and any contract for services provided by individuals or firms for 22 consultants, audits, legal services, ambulance services, architectural services and 23 engineering, insurance, real estate services, or auction services; 24 (17)(18) (18) Any purchase of supplies or services from a contract established through a 25 Midwestern Higher Education Compact group purchasing program by a competitive 26 sealed bid or a competitive sealed proposal; or 27 (18)(19) (19) Any contract concerning the custody, management, purchase, sale, and 28 exchange of fund investments and research by the State Investment Council or 29 Division of Investment. 30 26.478.17 3 26 SB26 ENROLLED An Act to revise procurement for highway construction contracts. I certify that the attached Act originated in the: Senate as Bill No. 26 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. 26 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