6 | | - | ENROLLED |
---|
7 | | - | |
---|
8 | | - | AN ACT |
---|
9 | | - | |
---|
10 | | - | |
---|
11 | | - | ENTITLED An Act to require legislative approval for significant capital expenditures |
---|
12 | | - | by the Department of Game, Fish and Parks. |
---|
13 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: |
---|
14 | | - | Section 1. That § 41-2-19 be AMENDED: |
---|
15 | | - | 41-2-19. Subject to section 2 of this Act, the Department of Game, Fish and Parks |
---|
16 | | - | may, on behalf and in the name of the state, acquire public or private property by gift, |
---|
17 | | - | grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, |
---|
18 | | - | and improve the property for the purpose of exercising the powers granted in this title. |
---|
19 | | - | Section 2. That a NEW SECTION be added to chapter 41-2: |
---|
20 | | - | Notwithstanding any provision of this title to the contrary, the Department of |
---|
21 | | - | Game, Fish and Parks may not acquire, build, or significantly improve a building, facility, |
---|
22 | | - | or other physical asset, or build or significantly improve any infrastructure, or enter into |
---|
23 | | - | a lease or a lease-purchase agreement, if doing so would require a cumulative capital |
---|
24 | | - | expenditure in excess of two million five hundred thousand dollars, without first obtaining |
---|
25 | | - | the express approval of the Legislature. |
---|
26 | | - | Notwithstanding any provision of this title to the contrary, the Department of |
---|
27 | | - | Game, Fish and Parks may not acquire any public or private real property if doing so would |
---|
28 | | - | require a cumulative capital expenditure in excess of two million five hundred thousand |
---|
29 | | - | dollars, without first obtaining: |
---|
30 | | - | (1) The express approval of the Legislature; or |
---|
31 | | - | (2) The express approval of the special committee created in accordance with § 4-8A- |
---|
32 | | - | 2, if: |
---|
33 | | - | (a) Time is of the essence; and |
---|
34 | | - | (b) The Legislature is in a recess or between sessions. 25.544.13 2 144 |
---|
35 | | - | SB144 ENROLLED |
---|
36 | | - | No acquisition, construction, improvement, or contract described in this section |
---|
37 | | - | may be divided so as to require multiple smaller capital expenditures in order to avoid or |
---|
38 | | - | otherwise defeat the approval threshold established in this section. |
---|
39 | | - | Any contract entered into in violation of this section is voidable in a legal action |
---|
40 | | - | initiated by the attorney general. |
---|
41 | | - | The applicability of this section includes any action authorized under this title. 25.544.13 3 144 |
---|
42 | | - | SB144 ENROLLED |
---|
43 | | - | An Act to require legislative approval for significant capital expenditures by the Department |
---|
44 | | - | of Game, Fish and Parks. |
---|
45 | | - | |
---|
46 | | - | |
---|
47 | | - | |
---|
48 | | - | |
---|
49 | | - | I certify that the attached Act originated in |
---|
50 | | - | the: |
---|
51 | | - | |
---|
52 | | - | Senate as Bill No. 144 |
---|
53 | | - | |
---|
54 | | - | |
---|
55 | | - | |
---|
56 | | - | Secretary of the Senate |
---|
57 | | - | |
---|
58 | | - | |
---|
59 | | - | |
---|
60 | | - | |
---|
61 | | - | President of the Senate |
---|
62 | | - | |
---|
63 | | - | Attest: |
---|
64 | | - | |
---|
65 | | - | |
---|
66 | | - | |
---|
67 | | - | |
---|
68 | | - | Secretary of the Senate |
---|
69 | | - | |
---|
70 | | - | |
---|
71 | | - | |
---|
72 | | - | |
---|
73 | | - | Speaker of the House |
---|
74 | | - | |
---|
75 | | - | Attest: |
---|
| 6 | + | SENATE APPROPRIATIONS ENGROSSED |
---|
83 | | - | |
---|
84 | | - | |
---|
85 | | - | Senate Bill No. 144 |
---|
86 | | - | File No. ____ |
---|
87 | | - | Chapter No. ______ |
---|
88 | | - | |
---|
89 | | - | |
---|
90 | | - | |
---|
91 | | - | Received at this Executive Office |
---|
92 | | - | this _____ day of _____________, |
---|
93 | | - | |
---|
94 | | - | 2025 at ____________M. |
---|
95 | | - | |
---|
96 | | - | |
---|
97 | | - | |
---|
98 | | - | By |
---|
99 | | - | for the Governor |
---|
100 | | - | |
---|
101 | | - | |
---|
102 | | - | The attached Act is hereby |
---|
103 | | - | approved this ________ day of |
---|
104 | | - | ______________, A.D., 2025 |
---|
105 | | - | |
---|
106 | | - | |
---|
107 | | - | |
---|
108 | | - | |
---|
109 | | - | |
---|
110 | | - | Governor |
---|
111 | | - | |
---|
112 | | - | STATE OF SOUTH DAKOTA , |
---|
113 | | - | ss. |
---|
114 | | - | Office of the Secretary of State |
---|
115 | | - | |
---|
116 | | - | |
---|
117 | | - | Filed ____________, 2025 |
---|
118 | | - | at _________ o'clock __M. |
---|
119 | | - | |
---|
120 | | - | |
---|
121 | | - | |
---|
122 | | - | |
---|
123 | | - | |
---|
124 | | - | Secretary of State |
---|
125 | | - | |
---|
126 | | - | |
---|
127 | | - | |
---|
128 | | - | By |
---|
129 | | - | Asst. Secretary of State |
---|
130 | | - | |
---|
131 | | - | |
---|
| 14 | + | Underscores indicate new language. |
---|
| 15 | + | Overstrikes indicate deleted language. |
---|
| 16 | + | An Act to require legislative approval for significant capital expenditures by the 1 |
---|
| 17 | + | Department of Game, Fish and Parks. 2 |
---|
| 18 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
---|
| 19 | + | Section 1. That § 41-2-19 be AMENDED: 4 |
---|
| 20 | + | 41-2-19. The Subject to section 2 of this Act, the Department of Game, Fish and 5 |
---|
| 21 | + | Parks may, on behalf and in the name of the state, acquire public or private property by 6 |
---|
| 22 | + | gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, 7 |
---|
| 23 | + | control, and improve the property for the purpose of exercising the powers granted in this 8 |
---|
| 24 | + | title. 9 |
---|
| 25 | + | Section 2. That a NEW SECTION be added to chapter 41-2: 10 |
---|
| 26 | + | Notwithstanding any provision of this title to the contrary, the Department of 11 |
---|
| 27 | + | Game, Fish and Parks may not acquire, build, or significantly improve a building, facility, 12 |
---|
| 28 | + | or other physical asset, or build or significantly improve any infrastructure, or enter into 13 |
---|
| 29 | + | a lease or a lease-purchase agreement, if doing so would require a cumulative capital 14 |
---|
| 30 | + | expenditure in excess of two million five hundred thousand dollars, without first obtaining 15 |
---|
| 31 | + | the express approval of the Legislature. 16 |
---|
| 32 | + | Notwithstanding any provision of this title to the contrary, the Department of 17 |
---|
| 33 | + | Game, Fish and Parks may not acquire any public or private real property if doing so would 18 |
---|
| 34 | + | require a cumulative capital expenditure in excess of two million five hundred thousand 19 |
---|
| 35 | + | dollars, without first obtaining: 20 |
---|
| 36 | + | (1) The express approval of the Legislature; or 21 |
---|
| 37 | + | (2) The express approval of the special committee created in accordance with § 4-8A-22 |
---|
| 38 | + | 2, if: 23 |
---|
| 39 | + | (a) Time is of the essence; and 24 |
---|
| 40 | + | (b) The Legislature is in a recess or between sessions. 25 25.544.12 2 144 |
---|
| 41 | + | Underscores indicate new language. |
---|
| 42 | + | Overstrikes indicate deleted language. |
---|
| 43 | + | No acquisition, construction, improvement, or contract described in this section 1 |
---|
| 44 | + | may be divided so as to require multiple smaller capital expenditures in order to avoid or 2 |
---|
| 45 | + | otherwise defeat the approval threshold established in this section. 3 |
---|
| 46 | + | Any contract entered into in violation of this section is voidable in a legal action 4 |
---|
| 47 | + | initiated by the attorney general. 5 |
---|
| 48 | + | The applicability of this section includes any action authorized under this title. 6 |
---|