| 1 | 1 | | 25.835.9 100th Legislative Session 1226 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1226 |
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| 12 | 12 | | Introduced by: Representative Kull |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to provide that no county transfer jurisdiction of a county highway to a 1 |
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| 17 | 17 | | municipality unless the highway meets a minimum pavement condition 2 |
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| 18 | 18 | | rating, or unless there is mutual agreement of the county and municipality. 3 |
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| 19 | 19 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 |
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| 20 | 20 | | Section 1. That § 31-12-2 be AMENDED: 5 |
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| 21 | 21 | | 31-12-2. Except for minimum maintenance roads established pursuant to § 31-6 |
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| 22 | 22 | | 12-46, or the transfer of a county highway to a municipality, pursuant to section 2 of this 7 |
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| 23 | 23 | | Act, no county highway system may be changed, altered, or modified except by authority 8 |
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| 24 | 24 | | of and in accordance with a written executive order of the Department of Transportation. 9 |
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| 25 | 25 | | Any such change shall change must be shown on the map of the county highway system 10 |
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| 26 | 26 | | in an office designated by the board of county commissioners and on such map in the map 11 |
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| 27 | 27 | | with the Department of Transportation. 12 |
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| 28 | 28 | | Section 2. That a NEW SECTION be added to chapter 31-12: 13 |
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| 29 | 29 | | A county may relinquish or transfer jurisdiction over any public highway to a 14 |
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| 30 | 30 | | municipality only if: 15 |
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| 31 | 31 | | (1) The highway has a pavement condition index minimum rating of 85 or above; or 16 |
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| 32 | 32 | | (2) There is mutual agreement between the county and the municipality to transfer 17 |
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| 33 | 33 | | jurisdiction of a highway, even though the pavement condition index minimum 18 |
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| 34 | 34 | | rating is less than 85. 19 |
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| 35 | 35 | | The county must inform the Department of Transportation of a proposed transfer 20 |
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| 36 | 36 | | of jurisdiction over a highway. 21 |
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| 37 | 37 | | The county may only alter its highway plan by authority of, and in accordance with, 22 |
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| 38 | 38 | | a written executive order of the department, pursuant to § 31-12-2. 23 25.835.9 2 1226 |
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| 39 | 39 | | Underscores indicate new language. |
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| 40 | 40 | | Overstrikes indicate deleted language. |
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| 41 | 41 | | For purposes of this section, "pavement condition index" means a numerical index 1 |
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| 42 | 42 | | between 0 and 100 that is used to indicate the general condition of pavement on a section 2 |
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| 43 | 43 | | of highway, with higher numbers indicating pavement in better condition. 3 |
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