CHAPTER 334

(EXO 2004-01)

Custer State Park consolidated within the Parks and Recreation Division
of the Department of Game, Fish and Parks

EXECUTIVE ORDER 2004-01

    WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota provides that, “Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house; and

    WHEREAS, the consolidation of Custer State Park within the Parks Division of the South Dakota Department of Game, Fish, and Parks will further provide efficiencies and savings to the taxpayers of South Dakota; and

    WHEREAS, this executive order has been submitted to the 79th Legislative Assembly on the 5th legislative day, being the 20th day of January, 2004;

    IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state government be reorganized to comply with the following sections of this order.

GENERAL PROVISIONS

    Section 1. This executive order shall be known and may be cited as the "Executive Reorganization Order 2004-01."

    Section 2. It is the intent of this order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this order or unless there is an irreconcilable conflict between this order and those laws.

    Section 3. Except when it is inconsistent with the other provisions of this order all rules, regulations and standards of the agencies involved in executive reorganization that are in effect on the effective date of this order, shall continue with full force and effect until they are specifically

altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this order.

    Section 4. In the event that it has been determined that a function of a transferred agency, which has not been eliminated by this order, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations or other funds have not been clearly allocated to an agency, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by this order. Any interim procedures issued in conjunction with this section shall be filed with the secretary of state.

    Section 5. If any part of this order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency or a political subdivision, that part of this order has no effect and the Governor may by executive order make necessary changes to this order to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.

    Section 6. The effective date of this Executive Reorganization Order #2004-01 shall be ninety days after its submission to the legislature.

    Section 7. Any provisions of law in conflict with this order are superseded.

    Section 8. Whenever a function is transferred by this order, all personnel, records, property, unexpended balances of appropriations, allocations or other funds utilized in performing the function are also transferred by this order.

    Section 9. That §  41-17-13 be amended as follows:

     41-17-13.   Park license for admission to state parks and recreation areas -- Fees -- Deposit. A park license may be required to permit a motor vehicle and the occupants entrance to any state park (except Bear Butte when used by persons participating in religious activities) and to any of the following state recreation areas or state lakeside use areas: Lake Poinsett; the Yankton unit, the Midway unit, and the Gavins Point unit of Lewis and Clark Lake; Sandy Shore; Farm Island; Mina Lake; Richmond Lake; Lake Louise; Pickerel Lake; Angostura; Lake Vermillion; Shadehill; Llewellyn Johns; Burke Lake; Lake Cochrane; West Whitlock; Swan Creek; West Bend; Snake Creek; Walker's Point; Platte Creek; Lake Alvin; Pelican Lake; Bush's Landing; Little Bend; Lake Hiddenwood; East Whitlock; Sutton Bay; Dodge Draw; Lake Thompson; Indian Creek; Downstream (below Oahe Dam); North Point; American Creek; Randall Creek; Chief White Crane; Pierson Ranch; Spring/Cow Creek; Okobojo Point; Walth Bay; Spillway (Fort Randall Dam); Pease Creek; North Wheeler; Whetstone Bay; East Shore; Peoria Flats; West Shore; West Chamberlain; South Shore; Tailrace (Fort Randall Dam); Revheim Park; Springfield; Buryanek; West Pollock; and Big Sioux. The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26, set annual and daily park entrance fees. The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26, establish a system by which owners of two or more vehicles may purchase an additional license each year for each vehicle registered to the same owner for one-half the price of the annual license. All fees collected in Custer State Park pursuant to this section shall be deposited in the Custer State Park fund established in §   41-17-22. All other fees collected pursuant to this section shall be deposited in the parks and recreation fund established in §   41-17-21.

    Section 10. That § 41-17-14 be amended as follows:

     41-17-14.   Use of fees from park licenses -- Land purchase prohibited. The total net receipts from license fees under §   41-17-13 shall be deposited in the Custer State Park fund and the parks

and recreation fund established by §   41-17-21 and be used by the Game, Fish and Parks Commission for operating and maintaining the existing state park system as defined in §   41-17-1.1 in such a manner as to advance and promote the tourist industry in South Dakota. No portion of the moneys raised by these fees may be used to purchase land for park sites.

    Section 11. That § 41-17-14.1 be amended as follows:

     41-17-14.1.   Camping permits -- Issuance -- Use of fees. The Department of Game, Fish and Parks may issue permits for camping in the state park system. The camping permits shall be issued according to rules adopted pursuant to §   41-17-1.1. Fees collected for camping permits in Custer State Park shall be deposited in the Custer State Park fund and fees collected for other camping permits shall be deposited in the parks and recreation fund established by §   41-17-21. The funds shall be used for development, capital improvement, operating, and maintaining the state park system as defined in §   41-17-1.1. No portion of the moneys raised by these fees may be used to purchase land for park sites.

    Section 12. That § 41-17-15 be amended as follows:

     41-17-15.   Deposit and use of park service fees. All income realized from the collection of park service fees in Custer State Park shall be deposited in the Custer State Park fund and all income realized from the collection of other park service fees established by rules adopted pursuant to §   41-17-1.1 shall be deposited in the parks and recreation fund established by §   41-17-21. The income shall be expended by the Department of Game, Fish and Parks only for the improvement and development of the state parks, or in payment of any revenue bond issued under the provisions of this chapter.

    Section 13. That § 41-17-22 be repealed.

    Section 14. That § 41-17-22.1 be amended as follows:

     41-17-22.1.   Imposition of promotion fee on concessionaires -- Exemption from taxation -- Deposit and use. In concessionaire leases for Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area, the Department of Game, Fish and Parks shall provide for and impose upon the concessionaire and sub-concessionaires a promotion fee which may not exceed three percent of the gross receipts of all of its sales within Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area of tangible personal property consisting of goods, wares, merchandise, and gross receipts of any service or accommodations provided by concessionaire or sub-concessionaires in Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area with the exception of any sales of lottery tickets made as part of a lottery operated by South Dakota. Concessionaires or sub-concessionaires may add the promotion fee imposed by this section and Department of Game, Fish and Parks to the price of their product or service. The promotion fee is not subject to retail sales or service taxes imposed by chapter 10-45. The revenue from the promotion fee collected in Custer State Park shall be deposited in the Custer State Park fund established by §   41-17-22 to be used by the department to market and promote the facilities, attractions, and activities of Custer State Park. The revenue from the promotion fee collected in Lewis and Clark Recreation Area shall be deposited in the parks and recreation fund established by §   41-17-21 to be used by the department to market and promote the facilities, attractions, and activities of the Yankton unit of Lewis and Clark State Recreation Area.

Dated this 20th day of January, 2004.

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