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HB 1165 to provide for the powers and authority of the...

State of South Dakota  
SEVENTY-SECOND  SESSION
LEGISLATIVE ASSEMBLY,  1997
 

400A0654  
HOUSE BILL   NO.     1165  

        Introduced by:  Representatives Jorgensen and Richter and Senators Munson (David), Dunn (Jim), and Flowers  

         FOR AN ACT ENTITLED, An Act  to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:
     The Board of Economic Development, in order to implement this chapter, may:
             (1)    Make contracts and execute all instruments;
             (2)    Establish interest rates within the bounds as otherwise statutorily provided;
             (3)    Collect fees and charges, as are determined to be necessary, reasonable, and proper in connection with its loans, advances, leases, grants, servicing, and other activities;
             (4)    Provide for the repayment and redeposit of loan and lease payments;
             (5)    Sue and be sued;
             (6)    Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interest held by it, either by action or by exercise of a power of sale, and sell the equity redemption in the security interests in accordance with the terms of

instruments and applicable state law, and take any other actions necessary to enforce any obligations held by it; and

             (7)    Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it.
     Section  2.  That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:
     The Board of Economic Development may take title by foreclosure to any property given as security if the acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. If the sale, transfer, or conveyance cannot be effected with reasonable promptness, the board may, in order to prevent financial loss and sustain employment, lease the property to a responsible tenant or tenants.