CHAPTER 1-18B
HISTORY AND HISTORICAL RECORDS
1-18B-1 Board defined.
1-18B-2 Board--Duties--Preservation and publication--Activities authorized.
1-18B-3 Employment of personnel by department secretary--Supplies and equipment.
1-18B-4 Board--Expenditures.
1-18B-5 Acceptance and administration of gifts and grants.
1-18B-6 Agreements for cooperation in board functions.
1-18B-7 Publication and distribution agreements.
1-18B-8 Board--Publications--Exchanges--Sales--Prices.
1-18B-9 Public records--Release to society--Prerequisites and conditions.
1-18B-10 Certified copies of documents as evidence.
1-18B-11 Certified copies of legal notices as evidence--Recording.
1-18B-12 Copies--Fees.
1-18B-13 Payment into treasury of fees and proceeds of sales.
1-18B-14 Historical Records Board abolished.
1-18B-1. Board defined.
The term "board," as used in this chapter means the State Historical Society Board of Trustees provided for by § 1-18-12.2.
Source: SL 1974, ch 9, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 37; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 23, eff. Apr. 20, 2015.
1-18B-2. Board--Duties--Preservation and publication--Activities authorized.
In addition to the other duties imposed upon it by law, the State Historical Society Board of Trustees shall collect, preserve, exhibit, and publish material for the study of history, especially the history of South Dakota and the upper great plains, and to this end explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain an ethnological and historical museum; survey, document, and promote the preservation of historic properties and sites; examine the culture and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; and generally encourage and develop within the state the study of history.
Source: SL 1974, ch 9, § 2; SL 2009, ch 1, § 38; SL 2021, ch 7, § 24.
1-18B-3. Employment of personnel by department secretary--Supplies and equipment.
The secretary of education may employ personnel, pursuant to chapter 3-6D, as the secretary deems necessary and provide such supplies and equipment as may be necessary.
Source: SL 1974, ch 9, § 3; SL 1979, ch 353, § 14; SL 2003 ch 272 (Ex. Ord. 03-1), § 82; SL 2018, ch 12, § 1.
1-18B-4. Board--Expenditures.
The State Historical Society Board of Trustees may expend such funds as are made available to it for the purposes assigned to it by law. Such expenditures shall be made in accordance with the laws of the state and paid out on vouchers signed by the director.
Source: SL 1974, ch 9, § 4; SL 2009, ch 1, § 39; SL 2021, ch 7, § 25.
1-18B-5. Acceptance and administration of gifts and grants.
The State Historical Society Board of Trustees may apply for, receive, accept, and administer any gift, bequest, devise, or grant of money or property, either public or private, and may comply with the requirements of the donor or grantor as a condition thereof, to further the purposes and accomplish the duties of the board as assigned by law.
Source: SL 1974, ch 9, § 5.
1-18B-6. Agreements for cooperation in board functions.
The State Historical Society Board of Trustees may enter into contract or agreement, with any society or organization within the state organized for the purpose of gathering and preserving facts relative to the history of the state or any portion thereof, for the purpose of achieving cooperation in carrying out the functions assigned to the board by law.
Source: SL 1974, ch. 9, § 6.
1-18B-7. Publication and distribution agreements.
The State Historical Society Board of Trustees may enter into contract or agreement, with any society or organization within the state organized for the purpose of gathering and preserving facts relative to the history of the state or a portion thereof, to publish, sell, or distribute, or assist in publishing, selling, or distributing any publication issued by the board, as the board may deem advisable.
Source: SL 1974, ch 9, § 8.
1-18B-8. Board--Publications--Exchanges--Sales--Prices.
Any material published by the State Historical Society Board of Trustees shall be printed as provided by law and copies thereof exchanged for similar publications and sold to the general public as the board may determine. The director shall, consistent with existing law, establish the price at which each publication may be sold or delivered.
Source: SL 1974, ch 9, § 7; SL 2021, ch 7, § 26.
1-18B-9. Public records--Release to society--Prerequisites and conditions.
Any state, county, or municipal public official may release to the South Dakota State Historical Society any record for duplication under the following circumstances:
(1) The official shall designate such record in writing and certify that the record has important historical value;
(2) The record shall be of the type and sort which is not ordinarily in current usage;
(3) The official shall receive a receipt for the record and pay all costs of transportation of the record from its place of deposit with the South Dakota State Historical Society, and for its return, including insurance, if conveyed by other than an official of the office;
(4) Duplications of the record shall be available to the legal custodians at the cost of reproducing the record.
Source: SL 1955, ch 110; SDC Supp 1960, § 29.0126; SDCL § 1-18-34; SL 1974, ch 9, § 9; SL 1992, ch 60, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2009, ch 1, § 40; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 27.
1-18B-10. Certified copies of documents as evidence.
A duly certified copy of any paper, document, article, or advertisement in the custody of the South Dakota State Historical Society made and certified by an executive officer thereof may be accepted as prima facie evidence of the contents thereof in any court or proceeding in this state.
Source: SDC 1939, § 29.0309; SDCL § 1-18-35; SL 1974, ch 9, § 10; SL 2015, ch 277 (Ex. Ord. 15-1), § 24, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
1-18B-11. Certified copies of legal notices as evidence--Recording.
A copy of any legal notice published in any newspaper in the Territory of Dakota or the State of South Dakota in the custody of the South Dakota State Historical Society, duly certified by any executive officer thereof which certificate shall recite that the original files of such newspaper for all of the period for which such legal notice appeared therein are in the possession of the South Dakota State Historical Society and shall state the number of publications which such legal notice received and the dates upon which each appeared in such newspaper, shall be accepted in any action or proceeding in this state as proof of service of such legal notice, with the same force and effect as the original printer's affidavit of the printing of such notice. Such copy of such legal notice so certified shall be entitled to record in the office of the register of deeds.
Source: SDC 1939, § 29.0308; SDCL § 1-18-36; SL 1974, ch 9, § 11; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
1-18B-12. Copies--Fees.
For making copies of any paper, advertisement, legal notice, or document, the South Dakota State Historical Society Board of Trustees may promulgate rules, pursuant to chapter 1-26, to set fees for reproducing such paper, advertisement, legal notice, or document.
Source: SDC 1939, § 29.0310; SDCL § 1-18-37; SL 1974, ch 9, § 12; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 28.
1-18B-13. Payment into treasury of fees and proceeds of sales.
Any money received by the South Dakota State Historical Society or its Board of Trustees from the sale of publications or contracts and agreements for such publications, and fees charged for copies and certification of papers, documents, advertisements, or legal notices as allowed by law, shall be paid into the state treasury and credited to the general fund.
Source: SDC 1939, § 29.0310; SDCL § 1-18-37; SL 1974, ch 9, § 13; SL 2015, ch 277 (Ex. Ord. 15-1), §§ 18, 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
