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26.917.23 101st Legislative Session 236
2026 South Dakota Legislature
Senate Bill 236
ENROLLED
AN ACT
ENTITLED An Act to create the county and township infrastructure fund for the
accounting, safekeeping, and allocation of unobligated rural access
infrastructure fund moneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-34-3 be AMENDED:
31-34-3. Each county shall establish a rural access infrastructure fund for the
deposit of moneys received pursuant to this chapter. The board of county commissioners
may only distribute fund moneys for the following expenses:
(1) Engineering, hydrological studies, planning, materials, and other costs as
necessary to plan for and complete the projects;
(2) Construction, rehabilitation, or replacement of small structures located in
townships complying with the requirements of this chapter; and
(3) Construction, rehabilitation, or replacement of small structures described in a
county highway and bridge improvement plan, which are located on county
secondary highways.
The moneys may not be used on a no-maintenance road.
On June thirtieth of each third year, beginning in 2029, the county auditor shall
transfer any unexpended moneys, not contractually obligated and approved under this
chapter, to the state treasurer for deposit in the county and township infrastructure fund,
created in section 2 of this Act.
Section 2. That a NEW SECTION be added to chapter 32-11:
There is created in the state treasury the county and township infrastructure fund.
The fund consists of unobligated moneys transferred pursuant to § 31-34-3. Expenditures
from the fund must be budgeted through the general appropriation bill. The Department
of Revenue shall administer the fund. The purpose of the fund is to:
26.917.23 2 236
SB236 ENROLLED
(1) Provide for the distribution of moneys to counties, in accordance with § 31-34-2;
and
(2) Provide for the accounting and safekeeping of unobligated or unspent moneys
distributed to rural access distribution funds, as provided in chapter 31-34.
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