ARTICLE 39:02
SOUTH DAKOTA BUILDING AUTHORITY
Chapter
39:02:01 Name, principal office, and seal.
39:02:02 Membership.
39:02:03 Officers of the authority.
39:02:04 Meetings.
39:02:05 Administrative personnel.
39:02:06 Administration.
39:02:07 Reports.
39:02:08 Declaratory rulings.
39:02:09 Initiation, repeal, or amendment of rules -- Superseded.
39:02:10 Leases.
CHAPTER 39:02:01
NAME, PRINCIPAL OFFICE, AND SEAL
Section
39:02:01:01 Principal office.
39:02:01:02 Seal.
39:02:01:02. Seal. The corporate seal of the authority shall be a circular disk having inscribed around the periphery thereof the words "South Dakota Building Authority" and in the center the word "Seal."
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-6.
CHAPTER 39:02:03
OFFICERS OF THE AUTHORITY
Section
39:02:03:01 Chairman.
39:02:03:02 Vice-chairman or acting chairman.
39:02:03:03 Secretary.
39:02:03:04 Assistant secretaries.
39:02:03:05 Treasurer.
39:02:03:01. Chairman. The chairman of the authority shall preside at all meetings of the authority and perform such other duties as shall be necessary or desirable by reason of his position as chairman, or as may be directed by resolution of the authority, duly adopted by a majority of its members, at a meeting held pursuant to this article.
Source: 1 SDR 83, effective July 15, 1957.
General Authority:SDCL 5-12-40.
39:02:03:02. Vice-chairman or acting chairman. A vice-chairman or acting chairman of the authority may, but need not be, elected by the members of the authority for a term expiring at the date of the first annual meeting following such election, or until his successor is elected, and if so elected he shall perform all duties incumbent upon the chairman during the absence or disability of the latter.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:03:03. Secretary. A member of the authority shall be elected as its secretary for a term expiring at the date of the first annual meeting following such election, or until his successor is elected, and he shall perform such duties as are from time to time imposed upon him by the authority. The secretary shall attend all meetings of the authority and shall keep or cause to be kept minutes of such meetings.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:03:04. Assistant secretaries. The authority may, but need not, elect from time to time one or more assistant secretaries who may perform any of the duties imposed upon the secretary himself unless the authority or the secretary himself shall otherwise direct.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:03:05. Treasurer. The treasurer of the state of South Dakota shall be ex officio the treasurer of the authority, and he shall perform such duties as are from time to time imposed upon him by the authority, not contrary to his statutory or other obligations.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
CHAPTER 39:02:04
MEETINGS
Section
39:02:04:01 Annual meetings.
39:02:04:02 Special meetings -- Notice.
39:02:04:03 Quorum.
39:02:04:01. Annual meetings. The annual meeting of the authority shall be held in the city of Pierre, Hughes County, South Dakota, at the state capitol, or such other place in the state of South Dakota as may be designated by the chairman of the authority, at 10:00 o'clock, a m, on the third Monday of September in each year; provided, however, that said annual meeting may be held on any other day of such month if all the members of the authority consent to such other date.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:04:02. Special meetings -- Notice. A special meeting of the authority may be held upon call by the chairman or any three members of the authority upon 48 hours notice to each member of the authority. Such notice shall specify the time and place and general purpose of the meeting and shall be given to each member, either personally or by mail or by telegram. After due notice as provided herein such special meeting may be held by telephonic conference. Provided, however, that at any meeting at which all of the members of the authority are present, notice of the time and place and purpose of the meeting shall be deemed waived.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
CHAPTER 39:02:05
ADMINISTRATIVE PERSONNEL
Section
39:02:05:01 Executive secretary.
39:02:05:02 Other personnel.
39:02:05:01. Executive secretary. The authority may, upon such terms and conditions as it shall deem proper, employ an executive secretary who shall have custody of the authority's financial records and who shall keep or cause to be kept full and accurate books and records of account of the authority. The executive secretary, if one is employed, shall exercise all powers and perform all duties incident to the office of executive secretary and shall have such other powers and duties as may from time to time be assigned to him by the authority. Any such executive secretary, at the authority's expense, shall provide the surety bond to the authority in an amount and by such surety company as the members may determine. Such surety bond shall be conditioned upon the faithful performance by the executive secretary of his duties and shall be executed by a surety company authorized to transact business in the state as a surety.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-5.
39:02:05:02. Other personnel. The authority may employ such other personnel as it shall deem necessary from time to time upon such terms and conditions as it shall deem proper to fulfill its purposes.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-5.
CHAPTER 39:02:06
ADMINISTRATION
Section
39:02:06:01 Annual audit and accounting procedure.
39:02:06:02 Execution of documents.
39:02:06:03 Records to be maintained at principal office.
39:02:06:04 Fiscal year.
39:02:06:05 Payments.
39:02:06:01. Annual audit and accounting procedure. The authority shall cause an audit of its books of account to be made at least once each year by a certified public accountant and the cost thereof shall be treated as a part of the administrative costs of the authority.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-38.
39:02:06:02. Execution of documents. All contract and agreements entered into by the authority shall unless the members by resolution otherwise direct, be executed on behalf of the authority by the chairman or the vice chairman and the secretary or executive secretary, provided always, that one of the signatures on any such document on behalf of the authority shall be by an officer of the authority who is a member.
Nothing in this article shall be deemed to limit in any manner the right of the members by resolution adopted at a meeting to designate other or different officers or administrative personnel to execute a specified document or documents at any time.
Nothing in this article shall be deemed to prohibit the use of facsimile signature where authorized by statute in the state of South Dakota.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
39:02:06:03. Records to be maintained at principal office. All records of the authority shall be kept and maintained in the principal office of the authority as the same may be located from time to time, or kept by the secretary.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:06:05. Payments. All bills, notes, checks or other instruments for the payment of money shall be signed and countersigned by such officers and in such manner as from time to time may be permitted by this article, or as prescribed by resolution of the members.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:SDCL 5-12-40.
39:02:07:01. Annual report. The authority shall present to the Legislature a report not later than the first day of November of each year. The report shall include recommendations as provided in the act creating the authority.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
Law Implemented:
Code Commission Note: The Code Commission deleted the citation to SDCL 5-12-9 from the Law Implemented portion of this rule pursuant to the repeal of that section by SL 1988, ch 51, § 3, effective July 1, 1988.
CHAPTER 39:02:08
DECLARATORY RULINGS
Section
39:02:08:01 Petition for declaratory ruling.
39:02:08:02 Authority action on petition.
39:02:08:01. Petition for declaratory ruling. Any person wishing the authority to issue its ruling as to the applicability to that person of any statutory provision or rule or order of the authority may file with the authority a petition in substantially the following form:
State of South Dakota
South Dakota Building Authority
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner,) of (address of petitioner,) am (title or capacity of petitioner), and do hereby petition the South Dakota Building Authority for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Building Authority rule or order in question is: (here identify and quote the pertinent statute, rule or order).
2. The facts and circumstances which give rise to the issue to be answered by the Authority's declaratory ruling are:
3. The precise issue to be answered by the Authority's declaratory ruling is:
Dated at (city and state), this ____ day of __________ 19__.
(Signature of petitioner)
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 36-9-21.
Law Implemented:SDCL 1-26-15.
39:02:08:02. Authority action on petition. Upon receipt of the petition, the authority may request from the petitioner such other or further information as may be required by it for the issuance of its ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of such further requested information, the authority shall issue its declaratory ruling and serve a copy of same by mail upon the petitioner.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 36-9-21.
Law Implemented:SDCL 1-26-15.
Cross-Reference: State agencies to deny petition or start rule-making proceedings within thirty days of submission of petition, SDCL 1-26-13.
CHAPTER 39:02:09
INITIATION, REPEAL, OR AMENDMENT OF RULES
(Superseded)
Commission Note: 1975 Session Laws, chapter 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this chapter.
CHAPTER 39:02:10
LEASES
Section
39:02:10:01 Leasing of facilities.
39:02:10:02 Subleasing of facility.
39:02:10:01. Leasing of facilities. The authority shall lease facilities to those boards, officers, departments, commissions, agencies, or persons as authorized by statute.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
39:02:10:02. Subleasing of facility. Such lessees may sublease the facility for such period of time, in such manner, and upon such terms as the lessee may from time to time determine. Any such sublease shall at all times be subject to the paramount, absolute, and unqualified power and right of the authority to terminate the lease, and any sublease in connection therewith, in the event of a default in any term or covenant therein by the lessee.
Source: 1 SDR 83, effective July 15, 1975.
General Authority:SDCL 5-12-40.
