CHAPTER 1-18
SOUTH DAKOTA STATE HISTORICAL SOCIETY
1-18-1 1-18-1. Repealed by SL 1974, ch 9, § 15.
1-18-1.1 1-18-1.1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 90, eff. Apr. 12, 2011.
1-18-2 Purpose--Duties.
1-18-2.1 1-18-2.1. Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 22, eff. Apr. 20, 2015.
1-18-2.2 Repealed
1-18-3 Creation--Additional duties.
1-18-3.1 Code revision.
1-18-4 Repealed
1-18-5 Membership fees.
1-18-6 1-18-6. Repealed by SL 2015, ch 8, § 1.
1-18-7 Officers--Participation--Members only.
1-18-8 Place of business.
1-18-10 Society--Meetings.
1-18-11 Society--Meetings--Quorum.
1-18-12.1 Executive committee of society abolished.
1-18-12.2 State Historical Society Board of Trustees created--Transfers.
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 Trustees--Election--Qualifications--Initial terms.
1-18-13.4 Repealed
1-18-14.1 Trustees--Meetings.
1-18-15 Trustees--Subcommittees.
1-18-16 Repealed
1-18-17 Society--Management--Trustees.
1-18-18 Trustees--President--Vice-president--Terms.
1-18-19 President--Vice-president--Duties.
1-18-20 Appointment of director.
1-18-21 1-18-21. Repealed by SL 1989, ch 12.
1-18-22 Director--Duties.
1-18-23 1-18-23. Repealed by SL 2015, ch 8, § 2.
1-18-24 1-18-24. Repealed by SL 1995, ch 5, § 2.
1-18-25 State treasurer as treasurer of historical society--Membership in historical society not required to serve as treasurer--Duties.
1-18-26 Duties assigned to officers.
1-18-27 Employment of personnel.
1-18-28 Repealed
1-18-29 Repealed
1-18-30 Use of state funds and property.
1-18-30.1 Board as trustee of property for state.
1-18-31 Fees--Fund.
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 1-18-32. Repealed by SL 1982, ch 16, § 6.
1-18-32.1 Records and reports.
1-18-33 1-18-33. Repealed by SL 1974, ch 10, § 17.
1-18-34 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 Repealed by SL 1974, ch 9, § 15.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.
1-18-2. Purpose--Duties.
The South Dakota 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 state and the upper great plains. 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 the South Dakota State History Museum; survey, document, and promote the preservation of historic properties and sites; examine the culture and history of American Indians and other ethnic groups; publish and otherwise diffuse information relating to the history of the region to schools and communities; and generally 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; SL 2021, ch 7, § 1.
1-18-2.2. Repealed.
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; SL 2021, ch 7, § 2.
1-18-3. Creation--Additional 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) Encourage 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) Provide advice 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) Promote the study of archaeology;
(9) Promote the preservation of historical records; and
(10) 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, as provided in §§ 1-18-18, 1-18-20, and 1-18-25, and members, as provided in § 1-18-4.
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; SL 2021, ch 7, § 3.
1-18-3.1. Code revision.
The South Dakota code commission is authorized and directed in future compilation of laws and supplements or any revision of the laws of this state to strike all references to "State Historical Society" and substitute therefor "South Dakota State Historical Society."
Source: SL 2021, ch 7, § 4.
1-18-4. Repealed.
Source: SDC 1939, § 29.0104; SL 1969, ch 124, § 1; SL 2009, ch 1, § 29; SL 2021, ch 7, § 5.
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.
1-18-7. Officers--Participation--Members only.
Except as provided in § 1-18-25, only members may hold office in the historical society and possess the right to vote and take part in its proceedings.
Source: SDC 1939, § 29.0106; SL 2009, ch 1, § 30; SL 2021, ch 7, § 6.
1-18-8. Place of business.
The principal business of the society shall be transacted at the South Dakota State History Museum.
Source: SDC 1939, § 29.0107; SL 1967, ch 124; SL 1974, ch 10, § 3; SL 1996, ch 8, § 3; SL 2021, ch 7, § 7.
1-18-10. Society--Meetings.
Meetings of the membership of the historical society may be held from time to time as required upon the call of the president and director or upon the written request of seven members of the State Historical Society Board of Trustees to the director.
Source: SDC 1939, § 29.0108; SL 1974, ch 10, § 5; SL 2021, ch 7, § 8.
1-18-11. Society--Meetings--Quorum.
At any meeting of the historical society, at least five percent of members having the right to vote constitutes a quorum.
Source: SDC 1939, § 29.0109; SL 2021, ch 7, § 9.
1-18-12.1. Executive committee of society abolished.
The executive committee of the South Dakota State Historical Society established pursuant to chapter 1-18, is hereby abolished.
Source: SL 1985, ch 400, § 22; SL 2021, ch 7, § 4.
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 South Dakota 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; SL 2021, ch 7, § 4.
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. Trustees--Election--Qualifications--Initial terms.
The South Dakota State Historical Society shall elect six members from its membership to the State Historical Society Board of Trustees by using the voting process that the board shall determine. One must be an archivist, one must be an architectural historian, and one must be an archaeologist. All trustees must be qualified to meet the requirements for receipt of federal funds. The initial members elected from the membership of the South Dakota State Historical Society will be elected by the executive committee of the South Dakota 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; SL 2021, ch 7, § 10.
1-18-14.1. Trustees--Meetings.
The State Historical Society Board of Trustees shall meet at least four times each year. Special meetings may be held at the call of the president or upon the request of seven members of the board. A decision of the trustees is subject to contested case provisions pursuant to chapter 1-26. The per diem and expenses of the board shall be paid out of funds appropriated for the South Dakota State Historical Society drawn by the state auditor upon itemized vouchers approved by the director.
Source: SL 1985, ch 400, § 30; SL 2021, ch 7, § 12.
1-18-15. Trustees--Subcommittees.
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.
Source: SDC 1939, § 29.0113; SL 1945, ch 125, § 1; SL 1974, ch 10, § 7; SL 2021, ch 7, § 13.
1-18-17. Society--Management--Trustees.
The board of trustees shall oversee the affairs of the historical society, and perform those functions assigned in this chapter and all other functions as may be assigned by law. The board has advisory functions, as defined in § 1-32-1, with regard to the South Dakota State Historical Society.
Source: SDC 1939, § 29.0115; SL 1945, ch 125, § 2; SL 2021, ch 7, § 15.
1-18-18. Trustees--President--Vice-president--Terms.
There shall be elected biennially, by the board of trustees, 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; SL 2021, ch 7, § 16.
1-18-19. President--Vice-president--Duties.
The president shall preside at all meetings of the historical society and of the board of trustees.
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; SL 2021, ch 7, § 17.
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.
1-18-22. Director--Duties.
The director of the South Dakota State Historical Society shall execute the powers and discharge the duties vested by law in the society; 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 supervise the society's exhibitions and publications, and shall administer the several activities and offices 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; SL 2021, ch 7, § 18.
1-18-25. State treasurer as treasurer of historical society--Membership in historical society not required to serve as treasurer--Duties.
The state treasurer is treasurer of the historical society regardless of whether the state treasurer is a member 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; SL 2021, ch 7, § 19.
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. Repealed.
Source: SDC 1939, § 29.0118; SL 1974, ch 10, § 13; SL 2009, ch 1, § 34; SL 2021, ch 7, § 20.
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. Fees--Fund.
All money collected by the historical society or any officer thereof as 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 state revenue fund, to be used for the purposes set forth in § 1-18-2 and paid out on proper vouchers as approved by the director.
Source: SDC 1939, § 29.0123; SL 1971, ch 6, § 1; SL 2021, ch 7, § 22.
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 and the upper great plains. 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; SL 2021, ch 7, § 23.
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 South Dakota 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 South Dakota 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; SL 2021, ch 7, § 4.
1-18-32.1. Records and reports.
The South Dakota 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 South Dakota 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; SL 2021, ch 7, § 4.
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.
