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CHAPTER 1-18

SOUTH DAKOTA HISTORICAL SOCIETY

1-18-1      Repealed.
1-18-1.1      Repealed.
1-18-2      Purpose and duties of office.
1-18-2.1      Repealed.
1-18-2.2      Review and analysis of historical society.
1-18-3      Historical society created--Duties.
1-18-4      Classes of members--Selection.
1-18-5      Membership fees.
1-18-6      Repealed.
1-18-7      Eligibility of members to hold office and participate.
1-18-8      Place of business of historical society--Accommodations.
1-18-9      Obsolete.
1-18-10      Special meetings of historical society.
1-18-11      Quorum at historical society meetings.
1-18-12      Obsolete.
1-18-12.1      Executive committee of society abolished.
1-18-12.2      State Historical Society Board of Trustees created--Transfers.
1-18-13      Obsolete.
1-18-13.1      Trustees--Number--Qualifications--Terms.
1-18-13.2      Appointment of trustees by Governor--Qualifications--Terms of initial appointees.
1-18-13.3      Election of trustees--Qualifications--Terms of initial electees.
1-18-13.4      Meeting to elect trustees--Notice.
1-18-14      Obsolete.
1-18-14.1      Meetings of board of trustees.
1-18-15      Subcommittees of board of trustees.
1-18-16      Bylaws of historical society.
1-18-17      Management of historical society by board of trustees.
1-18-18      Election and terms of president and vice-president.
1-18-19      Duties of president and vice-president.
1-18-20      Appointment of director.
1-18-21      Repealed.
1-18-22      Duties of director.
1-18-23      Repealed.
1-18-24      Repealed.
1-18-25      State treasurer as treasurer of historical society--Duties.
1-18-26      Duties assigned to officers.
1-18-27      Employment of personnel.
1-18-28      Compensation of officers and employees.
1-18-29      Fiscal year of historical society.
1-18-30      Use of state funds and property.
1-18-30.1      Board as trustee of property for state.
1-18-31      Funds from membership fees, sales, and contributions.
1-18-31.1      Publications revolving account--Purposes--Deposits.
1-18-31.2      Fees for admission to museums and for use of documents.
1-18-32      Repealed.
1-18-32.1      Records and reports.
1-18-33      Repealed.


1-18-34 to 1-18-37. Repealed.
1-18-38      Promulgation of rules for restoration and rehabilitation tax moratoriums.


     1-18-1.   Repealed by SL 1974, ch 9, § 15.


     1-18-1.1.   Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 90, eff. Apr. 12, 2011.


     1-18-2.   Purpose and duties of office. The State Historical Society within the Department of Education shall collect, preserve, exhibit, and publish material for the study of history, especially the history of this and adjacent states. To this end, the office shall explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain a gallery of historical portraiture, and an ethnological and historical museum; publish and otherwise diffuse information relating to the history of the region to schools and communities; and in general encourage and develop within the state the study of history.

Source: SDC 1939, § 29.0102; SL 1996, ch 8, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 79; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §§ 19, 21, eff. Apr. 20, 2015.


     1-18-2.1.   Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 22, eff. Apr. 20, 2015.


     1-18-2.2.   Review and analysis of historical society. The State Historical Society Board of Trustees shall submit at least annually to the secretary of education and the Governor a review and analysis of the operations and structure of the State Historical Society.

Source: SL 1974, ch 3, § 22; SL 2003, ch 272 (Ex. Ord. 03-1), § 103; SDCL § 1-45-23.1; SL 2005, ch 10, § 24; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015.


     1-18-3.   Historical society created--Duties. There is hereby created the South Dakota State Historical Society which shall perform the following duties and any other duties as may be imposed upon it by law:
             (1)      Provide education of the public in the fields of history;
             (2)      Promote the preservation of sites of historical and cultural significance;
             (3)      Private fund raising to support historical projects;
             (4)      Continue responsibilities and contracts with members of the society, as provided by law;
             (5)      Maintain liaison and support with local historical societies and groups;
             (6)      Serve as an advisory group to the secretary of education and the State Historical Society Board of Trustees so as to promote cooperation in the preservation of the history of the state;
             (7)      Conduct special programs and public events to promote history;
             (8)      Publish such information relating to the history of the state as it deems advisable.
     The South Dakota State Historical Society shall be organized with officers and members as hereinafter provided.

Source: SDC 1939, § 29.0103; SL 1974, ch 10, § 1; SL 2003 ch 272 (Ex. Ord.), § 82; SL 2005, ch 10, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015.


     1-18-4.   Classes of members--Selection. The South Dakota State Historical Society shall be composed of individual life, individual, patron individual, corporate, unincorporated association, honorary, corresponding, and auxiliary members. Members may be chosen by the board of trustees of the society at any regular or special meeting of the board.

Source: SDC 1939, § 29.0104; SL 1969, ch 124, § 1; SL 2009, ch 1, § 29.


     1-18-5.   Membership fees. The fees for membership shall be set by the State Historical Society Board of Trustees under rules promulgated pursuant to chapter 1-26. The board may establish different classes of memberships and fees with different benefits or privileges associated with each class of membership. The fees for membership shall be used to provide funds for the support of historical society programs.

Source: SDC 1939, § 29.0105; SL 1957, ch 144, § 1; SL 1969, ch 124, § 2; SL 1982, ch 11; SL 1985, ch 8, § 1; SL 1996, ch 8, § 2.


     1-18-6.   Repealed by SL 2015, ch 8, § 1.


     1-18-7.   Eligibility of members to hold office and participate. Except as otherwise specially provided, only life and annual members shall hold office in the historical society, and the right to vote and take part in its proceedings shall be possessed only by life and annual members and delegates from auxiliary societies.

Source: SDC 1939, § 29.0106; SL 2009, ch 1, § 30.


     1-18-8.   Place of business of historical society--Accommodations. The principal business of the society shall be transacted at the South Dakota Cultural Heritage Center and suitable accommodations shall be made available to the society.

Source: SDC 1939, § 29.0107; SL 1967, ch 124; SL 1974, ch 10, § 3; SL 1996, ch 8, § 3.


     1-18-9.   Obsolete.


     1-18-10.   Special meetings of historical society. Special meetings of the historical society may be held from time to time as required upon call of the president and director, and such meetings shall be called by the director upon the written request of five members of the State Historical Society Board of Trustees.

Source: SDC 1939, § 29.0108; SL 1974, ch 10, § 5.


     1-18-11.   Quorum at historical society meetings. At any meeting of the historical society, regular or special, not less than ten members having the right to vote shall constitute a quorum.

Source: SDC 1939, § 29.0109.


     1-18-12.   Obsolete.


     1-18-12.1.   Executive committee of society abolished. The executive committee of the State Historical Society established pursuant to chapter 1-18, is hereby abolished.

Source: SL 1985, ch 400, § 22.


     1-18-12.2.   State Historical Society Board of Trustees created--Transfers. There is hereby created the State Historical Society Board of Trustees. All of the functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the former Board of Cultural Preservation, the State Review Board, the executive committee of the State Historical Society, and the Historical Records Board are transferred to the State Historical Society Board of Trustees. All quasi-legislative, quasi-judicial, and advisory functions of those boards are also transferred to the State Historical Society Board of Trustees.

Source: SL 1985, ch 400 (Ex. Ord. 85-2), § 24.


     1-18-13.   Obsolete.


     1-18-13.1.   Trustees--Number--Qualifications--Terms. The State Historical Society Board of Trustees shall consist of twelve members. Not all of the members may be of the same political party. The members shall have demonstrated an interest or proficiency in history, anthropology, archaeology, museology, or architecture.
     The term of office of each member shall be three years. Terms shall be staggered so that the terms of four members expire each year. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.

Source: SL 1985, ch 400, § 26.


     1-18-13.2.   Appointment of trustees by Governor--Qualifications--Terms of initial appointees. The Governor shall appoint six members to the State Historical Society Board of Trustees. One must be an architect and one must be a historian each qualified to meet the requirements for receipt of federal funds. Two of the initial members shall be selected for a one-year term, two for a two-year term, and two for a three-year term.

Source: SL 1985, ch 400, § 27.


     1-18-13.3.   Election of trustees--Qualifications--Terms of initial electees. The State Historical Society shall elect six members from its membership to the State Historical Society Board of Trustees. One must be an archivist, one must be an architectural historian, and one must be an archaeologist, each qualified to meet the requirements for receipt of federal funds. The initial members elected from the membership of the State Historical Society will be elected by the executive committee of the State Historical Society. Two of these members shall be selected for a one-year term, two for a two-year term, and two for a three-year term.

Source: SL 1985, ch 400, § 28.


     1-18-13.4.   Meeting to elect trustees--Notice. The meeting for the election of the six board members from the membership of the State Historical Society shall be held each year, on a day and place to be fixed by the State Historical Society Board of Trustees. The date and location of the meeting shall be announced to the membership and the public, published in at least two official newspapers and announced to other media, with notice mailed to the membership at least fifteen days before the date of the meeting.

Source: SL 1985, ch 400, § 29.


     1-18-14.   Obsolete.


     1-18-14.1.   Meetings of board of trustees. The State Historical Society Board of Trustees shall meet at least four times annually. Special meetings may be held at the call of the president or upon the request of seven members of the board.

Source: SL 1985, ch 400, § 30.


     1-18-15.   Subcommittees of board of trustees. The board of trustees may appoint subcommittees of its own number which may exercise such powers as are entrusted to them, respecting subjects for which they are especially appointed, including supervision of the expenditures of funds available for the support and maintenance of the historical society.

Source: SDC 1939, § 29.0113; SL 1945, ch 125, § 1; SL 1974, ch 10, § 7.


     1-18-16.   Bylaws of historical society. The board of trustees may adopt such bylaws for the government of the historical society as are not inconsistent with the laws of this state.

Source: SDC 1939, § 29.0111.


     1-18-17.   Management of historical society by board of trustees. The board of trustees shall manage, administer, and control the disposition of the money, property and effects, and affairs of the historical society, and direct the officers thereof under such limitations as are prescribed by law.

Source: SDC 1939, § 29.0115; SL 1945, ch 125, § 2.


     1-18-18.   Election and terms of president and vice-president. There shall be elected biennially, by the board of trustees, at the close of the regular meeting of the historical society, a president and vice-president, who shall hold their respective offices for a term of two years and until their successors are duly chosen.

Source: SDC 1939, § 29.0116.


     1-18-19.   Duties of president and vice-president. The president shall preside at all meetings of the historical society and of the board of trustees, and sign all deeds, releases, and conveyances executed by the society.
     The vice-president shall discharge the duties of the president in the event of the president's absence or inability to act from any cause.

Source: SDC 1939, § 29.0119; SL 2009, ch 1, § 31.


     1-18-20.   Appointment of director. The secretary of education shall, subject to the approval of the Governor, appoint the director of the South Dakota State Historical Society to serve at the pleasure of the secretary.

Source: SDC 1939, § 29.0120; SL 1945, ch 125, § 3; SL 1974, ch 10, § 8; SL 1979, ch 353, § 13; SL 1995, ch 5, § 1; SL 2004, ch 17, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015.


     1-18-21.   Repealed by SL 1989, ch 12.


     1-18-22.   Duties of director. The director of the South Dakota State Historical Society shall countersign all deeds, releases, and conveyances executed by the society, and shall affix the seal of the society thereto, and to such other papers as shall be required or directed to be sealed; shall keep a record of the proceedings of the society and of the board of trustees; shall safely and systematically keep all papers, records, and documents belonging to the society or appertaining to the business thereof, except such as may be committed to the care of other officers; shall conduct the correspondence of the society; shall edit and supervise its publications, and generally so far as required, always subject to the direction of the board of trustees, shall administer the several activities of the society.

Source: SDC 1939, § 29.0121; SL 1939, ch 114; SL 1947, ch 135, § 1; SL 1951, ch 153; SL 1957, ch 144, § 2; SL 1974, ch 10, § 10.


     1-18-23.   Repealed by SL 2015, ch 8, § 2.


     1-18-24.   Repealed by SL 1995, ch 5, § 2.


     1-18-25.   State treasurer as treasurer of historical society--Duties. The state treasurer is treasurer of the historical society. The state treasurer shall receive and maintain custody of all money, securities for money, and such other property of the society that is committed to the state treasurer's charge by the board of trustees; invest the capital of the special funds as authorized by the board of trustees; pay out such funds as authorized; and render from time to time, to the society, statements in writing of the sums of money received and from what source received, of the sums disbursed and for what purpose, with proper vouchers accompanying the same, and of money, securities, and property in the state treasurer's possession, and generally of all matters pertaining to the office of the treasurer of the historical society.

Source: SDC 1939, § 29.0122; SL 2009, ch 1, § 32.


     1-18-26.   Duties assigned to officers. All officers shall perform such duties as may from time to time be imposed or required by the board of trustees or by law.

Source: SDC 1939, § 29.0117.


     1-18-27.   Employment of personnel. The historical society may employ such personnel as it deems necessary. Such employees shall be appointed and removed in accordance with the laws of this state governing the employment of personnel.

Source: SDC 1939, § 29.0120 as added by SL 1945, ch 125, § 3; SL 1974, ch 10, § 12; SL 2009, ch 1, § 33.


     1-18-28.   Compensation of officers and employees. The compensation of any officer or employee of the historical society shall be fixed by the board of trustees in accordance with the laws of the state and shall be paid by the treasurer, under such rules as may be prescribed in the bylaws of the society or by law. Any officer or employee is considered a state employee and is entitled to all benefits of such employees.

Source: SDC 1939, § 29.0118; SL 1974, ch 10, § 13; SL 2009, ch 1, § 34.


     1-18-29.   Fiscal year of historical society. The fiscal year of the historical society shall begin on the first day of July and end on the thirtieth day of June of each year.

Source: SDC 1939, § 29.0110.


     1-18-30.   Use of state funds and property. The historical society is the trustee of the state for all property now or hereafter assigned to it and as such shall faithfully expend and apply all money received from the state to the uses and purposes directed by law, and shall hold all its collections and property for the state, and may not sell, mortgage, transfer, or in any manner dispose of or remove the collections and property from the rooms provided by the state for the accommodation of the society without authority of law or the consent of the Legislature.
     This section does not prevent the sale or exchange of any duplicates which the society may have or obtain.

Source: SDC 1939, § 29.0112; SL 1974, ch 10, § 14; SL 2009, ch 1, § 35.


     1-18-30.1.   Board as trustee of property for state. The State Historical Society Board of Trustees is the trustee of the state for all property now or hereafter assigned to it and shall expend and apply all money received from the state to the uses and purposes directed by law. The board of trustees shall hold all its collections and property for the state and shall establish procedures for the review and disposition of its collections and property.

Source: SL 1985, ch 400, § 31; SL 2009, ch 1, § 36.


     1-18-31.   Funds from membership fees, sales, and contributions. All money collected by the historical society or any officer thereof for individual life, patron individual, or corporate membership fees, from the sale of duplicates, from gifts or bequests, or from any other source shall be paid into the treasury and shall be kept by the treasurer as the historical society special revenue fund, to be used for the purposes set forth in § 1-18-2 and paid out on proper vouchers as directed by the board of trustees.

Source: SDC 1939, § 29.0123; SL 1971, ch 6, § 1.


     1-18-31.1.   Publications revolving account--Purposes--Deposits. There is hereby created within the historical society special revenue fund, a publications revolving account to be used for the purpose of republishing documents, materials, and works of historical significance to this state, adjacent states, and the region. The proceeds from the sale of such republished material and any gifts made for this purpose shall be deposited in the publications revolving account.

Source: SL 1971, ch 6, § 2.


     1-18-31.2.   Fees for admission to museums and for use of documents. The State Historical Society Board of Trustees may, pursuant to chapter 1-26, promulgate rules to develop a fee structure for admission to special exhibitions or museums, and for the use of publications, papers, documents, advertisements, or legal notices in the custody of the State of South Dakota and the State Historical Society. The fee structure for the use of publications, papers, documents, advertisements, or legal notices shall be determined by the costs of maintaining, reproducing or researching the publications, documents, advertisements, legal notices, and other historical items in the custody and care of the State of South Dakota and the State Historical Society.

Source: SL 1985, ch 400, § 32; SL 1994, ch 15; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015.


     1-18-32.   Repealed by SL 1982, ch 16, § 6.


     1-18-32.1.   Records and reports. The State Historical Society shall submit to the secretary of education such records, information, and reports in the form and at such times as may be required by the secretary, except that the State Historical Society shall report at least annually.

Source: SL 1974, ch 3, § 22; SL 2003 ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015.


     1-18-33.   Repealed by SL 1974, ch 10, § 17.


     1-18-34 to 1-18-37.   Repealed by SL 1974, ch 9, § 15.


     1-18-38.   Promulgation of rules for restoration and rehabilitation tax moratoriums. For the purpose of administering §§ 1-19A-20, 1-19A-21, 1-19A-22, and 7-10-10, the State Historical Society Board of Trustees may promulgate rules pursuant to chapter 1-26 to:
             (1)      Establish procedures for certification of projects;
             (2)      Establish standards for the approval of restoration and rehabilitation work;
             (3)      Establish standards for covenants required under § 1-19A-21; and
             (4)      Cancel tax moratoriums.

Source: SL 1992, ch 6, § 3.


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