reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:10 - Symbols on tourist-oriented directional signs

Current through Register Vol. 51, page 10, July 15, 2024
A tourist-oriented business may request a symbol to be placed on the sign depicting the type of business advertised by the sign. Any symbol shall be generic in nature, and may not contain the logo of specific businesses. General service sign symbols and the symbols for recreational and cultural interest area signs allowed by the 2009 edition of the Manual on Uniform Traffic Control Devices are allowed for use on tourist-oriented directional signs. Any symbol not specifically allowed by the Manual on Uniform Traffic Control Devices shall be reviewed and approved by the transportation commission prior to use.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:04 - Highway signs and rights-of-way › Chapter 70:04:07 - Tourist-oriented directional signing - On right-of-way › Section 70:04:07:11 - Non-conforming signs

Current through Register Vol. 51, page 10, July 15, 2024
The department shall not renew the permit for any sign not in conformance with these rules. Any non-conforming sign that is damaged or destroyed shall not be repaired or replaced, and shall be removed by the department Any non-conforming sign remaining in place on January 1, 2015, shall be removed by the department.
General Authority:
SDCL  31-29-80.1.
Law Implemented:
SDCL  31-29-80.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:01 - Administration › Section 70:05:01:01 - Terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  49-16B-2 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Board" the South Dakota State Railroad Board;
(2) "Department" the South Dakota Department of Transportation.
General Authority:
SDCL  1-26-15; 1-44-30; 49-16C-3; 10-28-21.6.
Law Implemented:
SDCL  1-26-15; 1-44-30; 49-16C-3; 10-28-21.6.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:01 - Administration › Section 70:05:01:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  1-44-25.
Law Implemented:
SDCL  1-44-25,  1-44-27.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:01 - Administration › Section 70:05:01:03 - Declaratory rulings

Current through Register Vol. 51, page 10, July 15, 2024
By filing a written request with the secretary of the department, a person may petition the board to issue a decision on the applicability of any statute, rule, or order pertaining to railroad matters under its jurisdiction. The board shall send a written decision to the petitioner within 45 days after the secretary receives the request.
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:02 - Management of railroad property › Section 70:05:02:16 - Record of income

Current through Register Vol. 51, page 10, July 15, 2024
A record of all agreements, maps, and income related to the management of railroad property shall be kept on file in the department.
General Authority:
SDCL  1-44-30.
Law Implemented:
SDCL  1-44-29.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter mean:
(1) "Applican" a regional railroad authority created pursuant to the provisions of SDCL chapter 49-17 A;
(2) "Benefitted entity," an individual, corporation, partnership, limited liability company, or other business entity that will directly benefit from a railroad trust fund loan;
(3) "Borrower" an applicant who has been awarded a loan from the railroad trust fund;
(4) "Railroad trust fund" a special fund within the state treasury created pursuant to SDCL chapter 49-16 C;
(5) "Primary jobs" jobs that provide goods and services which are primarily exported from the state, that gain market share from imports to the state, or that meet an unmet need in the area and result in the creation of new wealth. Primary jobs are derived from businesses that bring new income into an area, stimulate other local businesses, or assist a community to diversify and stabilize its economy;
(6) "Railroad infrastructure," components of railroad track or other railroad structures, including bridges and drainage facilities;
(7) "Total project costs" the direct costs associated with the purchase of materials and services, necessary site development and improvements, construction or rehabilitation, and works necessary to the operation and protection of the project;
(8) "Rail operator" the railroad company that will provide rail service.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  1-44-20,  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
A regional railroad authority created pursuant to the provisions of SDCL chapter 49-17 A is eligible for loans under this chapter.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3,  49-17A-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:03 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide application forms to applicants. The application must be complete before it is processed. Applications must include the following information:
(1) The applicant's name and address;
(2) A detailed description of the proposed railroad project;
(3) The names and addresses of the proposed rail operator and any other benefitted entity;
(4) Articles of incorporation and bylaws or other agreements that describe the legal operation or structure of the regional railroad authority;
(5) A statement that addresses the economic benefit of the project;
(6) Assurance of compliance with local zoning laws and building codes;
(7) The approximate project commencement date, the completion date, and the date by which the project will be fully operational;
(8) Any other information requested by the department or the board to make a sound loan decision.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:05 - Permissible uses of loan proceeds

Current through Register Vol. 51, page 10, July 15, 2024
Railroad trust fund loans may be used for acquisition, development, and improvement of railroad infrastructure.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:06 - Factors for board action

Current through Register Vol. 51, page 10, July 15, 2024
When making a decision on an application, the board may consider the following in addition to other factors necessary to make a loan decision:
(1) Number of primary jobs created;
(2) Amount of the loan requested;
(3) Net economic effect on the area and state;
(4) Transportation needs of the area served by the project;
(5) Support of the public entities of the community and area;
(6) The amount of the financial contribution by the applicant or others to the project;
(7) The effect of the project on the environment, health, and safety of the people in the area and state;
(8) Compatibility with the economic development plans of the area and state;
(9) The potential success of the project;
(10) The character, experience, management record, and financial capacity of the rail operator and any other benefitted entity;
(11) The capacity of the applicant to repay the loan. In determining the capacity of the applicant, the board may consider the following:
(a) The amount of the loan;
(b) The economic feasibility of the project;
(c) The ability of the applicant to service the debt;
(d) The financial status of the project, applicant, and rail operator;
(e) The satisfaction of engineering, legal, and environmental regulations;
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:07 - Loan agreement and time restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The applicant must comply with any conditions required by the board before approval of the application is given. Within 90 days after the board approves the loan, the applicant shall execute a loan agreement with the department. The loan agreement shall contain the rights and responsibilities of the parties and the terms and conditions of the loan. If mitigating circumstances prevent the execution of a loan agreement within the 90-day period, the board may grant an extension of time. Within 6 months after execution of the loan agreement, the applicant shall commence construction of the project. If mitigating circumstances prevent starting the project and a diligent effort has been made, an applicant may apply to the board for an extension of time. The request for extension must be submitted to the secretary of the department prior to the expiration of the 6-month period unless the board waives this requirement. The board shall decide the length of the extension period based on the mitigating circumstances.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:08 - Loan security

Current through Register Vol. 51, page 10, July 15, 2024
Loans may be secured by a guarantee or promissory note executed by the benefitted entity; liens on the interest of the borrower in all real and personal property; easements; rights-of-way; a commitment by the borrower to exercise taxing authority; and any other assets of the borrower considered necessary by the board to adequately secure the loan.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.a
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:09 - Borrower reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Until the principal and any interest is paid in full, the borrower shall submit an annual report to the department containing the following information:
(1) A summary of the status of the project;
(2) An update concerning the borrower's ability to comply with the loan agreement; and
(3) Any other information requested by the board concerning the financial condition of the borrower and the benefitted entity.
The board may require that financial statements be audited at the expense of the benefitted entity, if the board reasonably believes the financial statements provided do not clearly or completely state the benefitted entity's financial condition, or are not prepared according to generally accepted accounting principles.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
Certified Public Accountants and Public Accountants, art 20:37.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:10 - Inspection of the borrower by the board and retention of records

Current through Register Vol. 51, page 10, July 15, 2024
During the term of the loan, the board or department may inspect the project and require the borrower to provide any books and records necessary to ensure compliance with the terms of the loan agreement. The borrower shall retain all of its accounting and tax records for three years after all principal and interest on the loan has been paid.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  1-44-20,  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:11 - Additional notification requirements

Current through Register Vol. 51, page 10, July 15, 2024
The borrower shall notify the board in a timely manner of any change in the rail operator or any other benefitted entity. If the notice required in this section is not provided, the board may call the loan immediately due and payable.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:12 - Maturity and interest rate

Current through Register Vol. 51, page 10, July 15, 2024
The maturity of the loan shall be set by the board, and interest may be either fixed or variable over the term of the loan.
The board shall set the interest rates. The board may consider the following in setting the interest rate:
(1) State and national market interest rates;
(2) State and national economic conditions;
(3) The solvency and balance of the fund; and
(4) Other economic or business information determined by the board to be relevant.
General Authority:
SDCL  49-16C-3,  49-16C-4.
Law Implemented:
SDCL  49-16C-3,  49-16C-4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:13 - Review of financial status

Current through Register Vol. 51, page 10, July 15, 2024
The board or the department may conduct an overall review of the financial status of an applicant or borrower and any benefitted entity. The review may include an analysis of all assets and liabilities and an analysis of the ability of the applicant or borrower and any benefitted entity to service and honor the loan commitments.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  1-44-20,  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:14 - Default on loan agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the borrower violates any of the terms of the loan agreement, the board may place the borrower in default. Upon default, the board may declare due and payable the entire principal amount then outstanding and the accrued interest or take any other action provided by law which is considered appropriate by the board to protect its interests.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:03 - Railroad trust fund loans › Section 70:05:03:15 - Delegation of administrative functions

Current through Register Vol. 51, page 10, July 15, 2024
The department shall perform the administrative functions for the creation, processing, and review of loan applications; the preparation, negotiation, and execution of agreements; the review of the financial status of an applicant or borrower and any benefitted entity; and other functions necessary to expedite the loan process and assist the board in the performance of its duties.
General Authority:
SDCL  49-16C-3.
Law Implemented:
SDCL  1-44-20,  49-16C-3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:05 - State Railroad Board › Chapter 70:05:04 - Railroad tax credits › Section 70:05:04:01 - Deadline for submission of information for railroad tax credit - Application form - Information required

Current through Register Vol. 51, page 10, July 15, 2024
A railroad seeking certification for railroad tax credits pursuant to SDCL  10-28-21.2 shall submit information to the South Dakota Department of Transportation no later than June 1 of the year following the year in which the replacement, improvement, and repair of rail lines was completed. The information shall be submitted on a form approved by the South Dakota Department of Transportation. The information shall include the following:
(1) The name of the railroad;
(2) The total amount of qualifying capital expenditures incurred statewide for replacement, improvement, and repair of rail lines;
(3) A list of the counties where the replacement, improvement, and repair of rail lines took place;
(4) A description of the kind of work which was performed and an explanation of the purpose and justification for the work performed in each county;
(5) The date the work was begun and the date the work was completed in each county;
(6) The location of the rail line where the work was performed in each county, including the name of the line segment and the mile post markers corresponding to the starting and ending points of the work;
(7) The amounts of the labor, material, and total capital expenditures incurred in each county;
(8) The amount of expenditures in each county which were funded with state or federal grant funds or paid for by any third party;
(9) A copy of the tax credit certification submitted by the railroad for each county where a tax credit is claimed; and
(10) A statement, signed by a person authorized to act on behalf of the railroad, certifying that all information provided is true and all documents submitted are authentic.
General Authority:
SDCL  10-28-21.6.
Law Implemented:
SDCL  10-28-21.6.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:01 - General provisions › Section 70:06:01:02 - Federal transit grants eligible for state matching funds

Current through Register Vol. 51, page 10, July 15, 2024
Grantees receiving the following federal transit grants are eligible for state matching funds from the state highway fund:
(1) Urban public transit grants for capital purchases and operating expenses as authorized under 49 U.S.C. §
										5307; and
(2) Rural area transit grants for operating expenses and transit administration expenses as authorized under 49 U.S.C. §
										5311;
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:01 - General provisions › Section 70:06:01:03 - Eligible grantees

Current through Register Vol. 51, page 10, July 15, 2024
The following entities are eligible to receive a state matching fund grant from the state highway fund if they have first received FTA or department approval for a federal transit grant listed in §
									70:06:01:02:
(1) County government;
(2) City government;
(3) Indian tribal governments;
(4) Private nonprofit corporations; and
(5) State agencies.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:02 - Grant applications and disbursements › Section 70:06:02:01 - Award and Administration of federal transit grants

Current through Register Vol. 51, page 10, July 15, 2024
The department may award and shall administer federal transit grants in accordance with federal requirements. Before receiving a federal transit grant administered by the department, the grantee shall execute a grant agreement with the department in a form satisfactory to the department.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:02 - Grant applications and disbursements › Section 70:06:02:02 - Criteria used to award state matching funds

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the following criteria to award state matching funds to the eligible grantees listed in §
									70:06:01:03:
(1) A grantee receiving a grant authorized by 49 U.S.C. §
										5307 may be awarded a state matching grant based on the grantee's share of the total urbanized area population within South Dakota as determined by the most recent United States census;
(2) Grantees receiving grants authorized by 49 U.S.C. §
										5311 may be awarded a state matching fund grant based on factors including but not limited to number of passenger trips provided, vehicle miles driven, transit administration expenses, operating expenses, grant administration performance, and level of local funding. At least annually, the department shall obtain commission approval of objective scoring procedures for determining grant awards pursuant to this subsection.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:02 - Grant applications and disbursements › Section 70:06:02:03 - State matching fund grant applications and department approvals

Current through Register Vol. 51, page 10, July 15, 2024
A grantee who receives a federal transit grant identified in §
									70:06:02:01  may receive a state matching grant in conjunction with the federal grant. Grant applications must be made on forms approved by the department. The department may establish deadlines for application submission. The department shall approve in whole or in part or deny a request within 45 days after the department's receipt of a completed request form.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:02 - Grant applications and disbursements › Section 70:06:02:04 - State matching fund disbursements to grantees

Current through Register Vol. 51, page 10, July 15, 2024
State matching grants shall be disbursed t after a grant agreement has been executed and funding requests have been approved by the department.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:03 - Grant reviews and audits › Section 70:06:03:01 - Performance and fiscal reports

Current through Register Vol. 51, page 10, July 15, 2024
When requested in writing by the department, federal transit grantees receiving state matching grants shall send copies of federally mandated transit performance and fiscal reports to the department for departmental review, information collection, and reimbursement purposes.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:03 - Grant reviews and audits › Section 70:06:03:02 - Audits

Current through Register Vol. 51, page 10, July 15, 2024
State matching fund grantees shall meet all auditing requirements related to their primary federal transit grants. State matching fund grantees shall transmit to the department a copy of all audits performed by an independent certified public accountant for that grantee for any time periods covered by state matching fund grants. State matching fund grantees shall permit auditors of the department to obtain and review all expenditure records related to state matching grants.
General Authority:
SDCL  1-44-7.3.
Law Implemented:
SDCL  1-44-7.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:04 - Intercity bus service grants › Section 70:06:04:01 - Eligible grant purposes

Current through Register Vol. 51, page 10, July 15, 2024
The following intercity bus service activities are eligible for funding under federal transit grants as authorized by 49 U.S.C. §
										5311(f):
(1) Planning and marketing for intercity bus transportation;
(2) Capital grants for intercity bus shelters, joint-use structures, depots, and transit vehicles;
(3) Operating grants for intercity bus transportation;
(4) Coordination of rural area connections between small transit operators and intercity bus operators; and
(5) User-side subsidies.
General Authority:
SDCL  1-44-7.4.
Law Implemented:
SDCL  1-44-7.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:04 - Intercity bus service grants › Section 70:06:04:02 - Criteria used to award grants

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the following criteria to award grants to providers of intercity bus services:
(1) The total number of vehicle miles driven and passengers served during the last operating year on regularly scheduled fixed routes by bus services which are open to the general public and operated by the grant applicant within South Dakota. No charter or tour mileages may be included;
(2) Annual operating losses on regularly scheduled, fixed-route intercity bus services within South Dakota, documented by a complete description of the intercity services provided and verification by an independent certified public accountant of the grant applicant's most recent financial statement;
(3) The providers proposed budget for operating expenses and transit administration expenses in the upcoming federal fiscal year; and Circular FTA C 9040.1G, Chapter VIII, dated November 24, 2014, issued by FTA to implement 49 U.S.C. §
										5311(f).
The department may award additional funds to projects which expand intercity bus service to currently unserved areas of South Dakota or which support intercity bus services routes in immediate danger of abandonment.
General Authority:
SDCL  1-44-7.4.
Law Implemented:
SDCL  1-44-7.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:04 - Intercity bus service grants › Section 70:06:04:03 - Grant applications

Current through Register Vol. 51, page 10, July 15, 2024
Grant applications must be made on forms approved by the department. The department may establish deadlines for application submission. The department may approve an application in whole or in part or may deny the application pursuant to §
									70:06:04:02.
General Authority:
SDCL  1-44-7.4.
Law Implemented:
SDCL  1-44-7.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:06 - TRANSPORTATION ASSISTANCE › Chapter 70:06:04 - Intercity bus service grants › Section 70:06:04:04 - Grant disbursements and audits

Current through Register Vol. 51, page 10, July 15, 2024
Before receiving federal funds for intercity bus services, the grantee shall execute a grant agreement with the department in a form satisfactory to the department. The department shall disburse intercity bus service grants to grantees through periodic reimbursement of prior expenditures by grantees. Grantees must provide the department with federal performance and fiscal reports as required by 49 C.F.R. Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Subpart C, Post-Award Requirements, § 18.20. Grantees must permit auditors of the department to obtain and review all expenditure records related to intercity bus service grants.
General Authority:
SDCL  1-44-7.4.
Law Implemented:
SDCL  1-44-7.4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:01 - General provisions › Section 70:07:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in chapters 70:07:01 to 70:07:04:
(1) "Awarding authority" means a public or private authority that awards construction contracts;
(2) "Business" means a natural person or sole proprietorship that performs work as a contractor or subcontractor or a partnership, association, corporation, or other entity formed for the purpose of performing work as a contractor or subcontractor;
(3) "Commission" means the South Dakota Transportation Commission;
(4) "Committee" means the classification and rating committee established by §
									70:07:02:01;
(5) "Construction contract" means the written agreement between the department and the contractor setting forth the obligations of the parties for the performance of the prescribed work, including the invitation for bids, proposal, contract form, contract bond, standard specifications, supplemental specifications, special provisions, general and detailed plans, and notice to proceed and any addendum, change order and agreement that is required to complete construction of the work, including any authorized extension of the contract, all of which constitute one instrument, for the improvement of the highway system;
(6) "Contract crime" means a violation of a state law, a federal law, or a rule, regulation, or order of a federal or state department or agency pertaining to the construction, maintenance, repair, or supervision of highways or to fraud, theft, embezzlement, bribery, forgery, misrepresentation, making false statements, falsification or destruction of records, or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public or private contract or subcontract;
(7) "Contractor" means a business to whom the commission has awarded a department construction contract;
(8) "Conviction" means any of the following accepted and recorded by a court:
(a) A plea of guilty;
(b) A verdict of guilty by a jury or a finding of guilt by a court; or
(c) A civil verdict or civil judgment against a person in which a civil penalty is imposed on the person as a result of a contract crime;
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:01 - Classification and rating committee - Membership - Powers and duties

Current through Register Vol. 51, page 10, July 15, 2024
The classification and rating committee consists of four persons from the department selected by the commission. The committee may act for the department on all matters specified in this chapter. The secretary may appoint alternates to serve if committee members are unavailable.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:02 - Committee to keep record of proceedings

Current through Register Vol. 51, page 10, July 15, 2024
The committee shall keep a record of its proceedings relating to all prospective bidders.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:03 - Classification and maximum bidding capacity rating

Current through Register Vol. 51, page 10, July 15, 2024
Unless the amount being bid is less than $250,000, a prospective bidder shall obtain a work classification and maximum bidding capacity rating before the bid opening on a construction contract.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:04 - Procedure for obtaining or renewing classification and capacity rating

Current through Register Vol. 51, page 10, July 15, 2024
To obtain or renew a work classification and maximum bidding capacity rating, a prospective bidder shall submit a prequalification statement to the committee, on a form approved by the department. In the prequalification statement, the prospective bidder shall include a description of the prospective bidder's equipment, organization, prior experience, and any suspension or debarment or proposed suspension or debarment by any governmental agency. At its discretion, the committee may request additional information.
In addition to the prospective bidder's prequalification statement, the prospective bidder shall furnish financial documentation in accordance with either of the following:
(1) The prospective bidder may furnish a certification of surety from a bonding firm authorized to do business in this state stating the maximum bonding coverage the surety will issue on the prospective bidder's behalf for both a single contract and for all of the prospective bidder's work including uncompleted contracts; or
(2) The prospective bidder may submit a separate statement of financial position audited by an independent certified public accountant. The opinion page of the audit statement shall include the audit firm's name, address, telephone number, and signature of a member of the firm.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:05 - Financial records confidential

Current through Register Vol. 51, page 10, July 15, 2024
A financial statement submitted under this chapter is a confidential record exempt from disclosure pursuant to SDCL subdivision 1-27-1.6(2).
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:06 - Time limit for statements

Current through Register Vol. 51, page 10, July 15, 2024
A prospective bidder who wishes to receive or renew a work classification and maximum bidding capacity rating shall submit the prequalification statement and financial documentation to the committee at least 14 days before the opening of the prospective bidders bid, unless a shorter time frame is approved by the committee.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
Reclassification procedure, §
											70:07:02:17.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:07 - Preference for work classification

Current through Register Vol. 51, page 10, July 15, 2024
Each completed prospective bidder prequalification statement must indicate the types of work for which classification is requested, but the indication is not binding upon the committee.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:08 - Work classification

Current through Register Vol. 51, page 10, July 15, 2024
Types of work are classified as follows:
(1) Major grading;
(2) Minor grading;
(3) Portland cement concrete paving;
(4) Portland cement concrete repair (spall repair, joint repair, or pavement grinding);
(5) Asphalt concrete paving and microsurfacing;
(6) Asphalt surface treatment and asphalt crack sealing;
(7) New bridge construction;
(8) Bridge rehabilitation (deck overlays, fatigue retrofit, steel and concrete repair, or rail retrofit);
(9) Minor structure construction (cast in place box culverts, pre-cast multi-beam deck bridges, or mechanically stabilized earth (MSE) large panel retaining walls);
(10) Lighting and signals;
(11) Signing, delineation, and pavement marking;
(12) Underground and utilities (storm sewer, sanitary sewer, waterline, drainage pipe, or precast box culvert);
(13) Incidental construction (fencing, guardrail, railroad crossings, MSE modular block retaining walls, gravel surfacing, base course, landscaping, or erosion control);
(14) Miscellaneous concrete construction (sidewalk, bike path, multi-use path, or curb and gutter);
(15) Bridge painting; and
(16) High friction surface treatment and bridge deck polymer chip seal.
The committee may approve a prospective bidder in one or more types of work.
The committee may prequalify a prospective bidder on a project by project basis for specialty work not specifically covered by the foregoing classifications.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:09 - Assignment of work classification and maximum bidding capacity rating

Current through Register Vol. 51, page 10, July 15, 2024
The committee may assign a work classification and maximum bidding capacity rating based on the following factors:
(1) The prospective bidder's ability to finance the work as shown by the prospective bidder's audited financial statement, surety statement, surety bond, independent audit, or debt records and other financial documents;
(2) The ownership, sufficiency, condition, and availability of the prospective bidder's equipment;
(3) The work abilities and experience of the prospective bidder and its personnel; and
(4) The quality and timeliness of the prospective bidder's work on contracts with the department and other awarding authorities.
A maximum bidding capacity rating may not exceed ten times the amount of a prospective bidder's working capital. The committee may consider a bank line of credit to increase the prospective bidder's working capital. The prospective bidder shall describe the line of credit on a form furnished by the committee.
If a certification of surety is furnished in accordance with subdivision 70:07:02:04(1), then:
(1) the maximum bidding capacity rating may not exceed the maximum bonding coverage for all the prospective bidder's work; and
(2) the prospective bidder may not submit a bid for more than the maximum bonding coverage for a single contract.
If an audited financial statement is furnished, the prospective bidder may not bid more than 50 percent of the maximum bidding capacity on any single construction contract.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10; 31-5-10.1, 31-5-10.2, 31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:10 - Effective period of work classification and rating

Current through Register Vol. 51, page 10, July 15, 2024
If the prospective bidder submits an audited statement of financial position in accordance with subdivision 70:07:02:04(2), any work classification and maximum bidding capacity rating granted by the committee is effective for the period specified by the committee, but not more than 18 months from the date of the balance sheet. If a certification of surety is submitted in accordance with subdivision 70:07:02:04(1), any work classification and maximum bidding capacity rating granted by the committee must expire upon the expiration or rescission of the certification of surety. If requested in writing by the prospective bidder, the committee may extend the effective date of the work classification and maximum bidding capacity rating one time for not more than 60 days. The prospective bidder must make the request and receive the extension before the opening of any bid affected by the extension.
General Authority:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:11 - Determination of current bidding capacity of prospective bidders

Current through Register Vol. 51, page 10, July 15, 2024
For any given department bid letting, the contracts awarded to a bidder may not total more than the bidder's current bidding capacity. The current bidding capacity is arrived at by subtracting from the maximum bidding capacity rating the dollar amount of all uncompleted bonded work wherever located.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:11.1 - Obligation to inform department of changes to certification of surety

Current through Register Vol. 51, page 10, July 15, 2024
If a prospective bidder submits a certification of surety to comply with the financial documentation requirements of 70:07:02:04 or 70:07:02:04.01, then the prospective bidder shall notify the department of the rescission of the certificate or any reduction in the amount of bonding coverage issued by the surety. The prospective bidder shall provide the department with written notice within five days after the prospective bidder receives notice of the rescission or reduction in coverage.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:13 - Ineligibility for assignment of classification and rating

Current through Register Vol. 51, page 10, July 15, 2024
The committee may declare a prospective bidder ineligible to be prequalified if the prospective bidder:
(1) violates a state law, a federal law, or a rule, regulation or order of a federal or state department or agency pertaining to the construction, maintenance, repair, or supervision of highways;
(2) submits a falsified prequalification statement, audited financial statement, or certification of surety; or
(3) is deficient in any of the factors listed in 70:07:02:09.
The period of ineligibility may be up to 36 months.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10,  31-5-10.1,  31-5-10.2,  31-5-10.3.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:16 - Procedure for review of decision of committee

Current through Register Vol. 51, page 10, July 15, 2024
A prospective bidder may, within 14 days after receipt of notice of a decision of the committee, ask the secretary to review that decision by submitting a request in writing setting forth the decision to be reviewed and the change in the decision being requested, along with any supporting information or documentation. The secretary, or the secretary's designee, shall issue a written decision within five business days following receipt of the request for review and any supporting information or documentation. The decision of the secretary, or the secretary's designee, constitutes final agency action.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
Classification and rating committee -- Membership -- Powers and duties, §
											70:07:02:01.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:17 - Reclassification procedure

Current through Register Vol. 51, page 10, July 15, 2024
A holder of a work classification and maximum bidding capacity rating may request a different or additional work classification or a higher maximum bidding capacity rating, or both, by submitting a new prequalification statement and any revised financial documentation to the committee at least 14 days before the opening of any affected bids, unless a shorter time frame is approved by the committee. Any changes to a work classification or maximum bidding capacity rating take effect on the day granted by the committee.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
Time limit for statements, §
											70:07:02:06.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:18 - Submission of supplemental information

Current through Register Vol. 51, page 10, July 15, 2024
The committee may, at any time, require a prospective bidder who holds a work classification and maximum bidding capacity rating to submit supplemental documentation or other information relating to any of the factors set out in 70:07:02:09. The prospective bidder shall submit the supplemental documentation or information within 14 days of the request, unless a longer time period is specified in writing by the committee.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:19

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:07 - Highway construction contracts › Chapter 70:07:02 - Classification and bidding capacity rating › Section 70:07:02:20 - Prior experience requirements

Current through Register Vol. 51, page 10, July 15, 2024
Only work performed by the prospective bidder in the previous five years shall be considered by the committee, unless the bidder demonstrates, to the satisfaction of the committee, that earlier experience is relevant to the bidders work classification and maximum bidding capacity rating.
General Authority:
SDCL  31-5-10.
Law Implemented:
SDCL  31-5-10.