CHAPTER 13-51
FACILITIES AT STATE INSTITUTIONS
13-51-1 Legislative approval required for erecting, maintaining buildings or leasing facilities.
13-51-1.1 Authority of board to lease site for public higher education programs--Funding.
13-51-1.2 Repealed.
13-51-1.3 Sioux Falls site for instructional, research, and service programs--Limitations on use.
13-51-1.4 Government Operations and Audit Committee review.
13-51-1.5 Sioux Falls research park.
13-51-1.6 South Dakota State University Agricultural Experiment Station in Moody County.
13-51-2 Educational facilities fund continued--Purposes--Appropriation requirements and restrictions.
13-51-3 13-51-3. Repealed by SL 1982, ch 154, § 2
13-51-4 Recommendations by regents for legislative appropriation or authorization of expenditures.
13-51-5 Separate institutional funds in treasury for self-liquidating projects.
13-51-6 Identification of funds for self-liquidating projects--Consolidation of funds for institution.
13-51-7 Institutional accounting for individual project funds--Reconciliation with consolidated funds in treasury.
13-51-8 Federal concurrence in accounting procedures required.
13-51-8.1 Power to combine self-liquidating projects or facilities on institutional basis.
13-51-8.2 Power to issue refunding bonds for revenue bonds issued on self-liquidating projects or facilities.
13-51-8.3 13-51-8.3. Repealed by SL 1970, ch 109
13-51-9 Eminent domain power for institutional purposes.
13-51-10 Resolution for condemnation of private property--Proceedings.
13-51-11 Protection from fire loss of buildings in construction.
13-51-12 Moving or disposal of certain structures authorized by regents.
13-51-13 13-51-13. Repealed by SL 1994, ch 140, § 2
13-51-14 Receipts from sale of temporary structures.
13-51-15 Long range financing plan required for improvements financed by private donations--Establishing endowments.
13-51-16 Real property transfer to South Dakota State University Growth Partnership, Ltd..
13-51-17 Real property to be used for research park.
13-51-18 Reversion of property to Board of Regents.
13-51-19 Restrictions in deed.
13-51-1. Legislative approval required for erecting, maintaining buildings or leasing facilities.
The Board of Regents of this state is hereby expressly prohibited from erecting any buildings or structures or maintaining and equipping such buildings, or making any lease or lease-purchase payments for any purposes authorized in § 13-51-2 without the approval of the Legislature first obtained.
Source: SL 1939, ch 56, § 1; SDC Supp 1960, § 15.0726; SL 1998, ch 102, § 2.
13-51-1.1. Authority of board to lease site for public higher education programs--Funding.
Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site in Pierre, South Dakota, to be used for the delivery of public higher education programs. All such academic programs shall be directly provided by the following institutions:
(1) University of South Dakota;
(2) South Dakota State University;
(3) South Dakota School of Mines and Technology;
(4) Northern State University;
(5) Black Hills State University; or
(6) Dakota State University.
No postsecondary degrees may be awarded or conferred except by the above institutions.
The board may use funds annually appropriated by the Legislature from the higher education facilities fund, created in § 13-51-2, to make payments therefor.
Source: SL 1999, ch 97, § 1; SL 2008, ch 85, § 1; SL 2016, ch 109, § 8, eff. Mar. 21, 2016.
13-51-1.3. Sioux Falls site for instructional, research, and service programs--Limitations on use.
The expenditures authorized by chapter 106 of the 2006 Session Laws must be solely for the purposes of providing a site for the operation of instructional, research, and service programs delivered through institutions established by the Legislature and governed by the Board of Regents. The Board of Regents may only use the property for the primary purpose of education or research. It is the intent of the Board of Regents and the Eighty-first Legislature that the Board of Regents may not without express legislative authorization:
(1) Organize the programs delivered at this site into a separate degree-granting institution;
(2) Erect student residence facilities on the site;
(3) Construct facilities on the site for use as intercollegiate athletic practice or competition;
(4) Establish intercollegiate athletic teams at the site;
(5) Sell any portion of the property acquired pursuant to chapter 106 of the 2006 Session Laws unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;
(6) Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;
(7) Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or
(8) Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.
Source: SL 2006, ch 106, § 3, eff. Mar. 8, 2006; SL 2022, ch 47, § 1.
13-51-1.4. Government Operations and Audit Committee review.
Commencing in 2017 and every year thereafter, the provisions of § 13-51-1.3 shall be reviewed by the Government Operations and Audit Committee. The committee shall review the appropriateness of the provisions of § 13-51-1.3 and make recommendations to the Legislature regarding any revisions, additions, or deletions to the various conditions contained in § 13-51-1.3. The committee shall, at the same time, conduct a review of each of the university centers, the off-campus sites in Pierre, Rapid City, and Sioux Falls where courses are being offered, and report the committee findings and recommendations to the Legislature.
Source: Source: SL 2006, ch 106, § 4, eff. Mar. 8, 2006.; SL 2017, ch 88, § 1.
13-51-1.5. Sioux Falls research park.
The Board of Regents may provide for the construction, development, maintenance, and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of the 2006 Session Laws. All limitations imposed by § 13-51-1.3 upon the use of University Center land shall continue in full force and effect with the exception of the separately platted tracts occupied by the research park authorized by this section. Such separately platted tracts shall, instead, be subject to the limitations on the use of research parks stated in this section.
Source: Source: SL 2009, ch 93, § 1.; SL 2018, ch 105, § 1.
13-51-1.6. South Dakota State University Agricultural Experiment Station in Moody County.
The Board of Regents may enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station. The lease may have a term not to exceed fifteen years, and an annual lease payment by the Board of Regents not to exceed one hundred twenty thousand dollars. The annual lease payment shall be authorized through the normal budgeting process and shall be made from other funds derived from grant and contract indirect recovery funds, royalty funds, and income from sales of services.
Source: SL 2015, ch 106, § 1.
13-51-2. Educational facilities fund continued--Purposes--Appropriation requirements and restrictions.
There is continued an educational facilities fund in the state treasury from which the Board of Regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to:
(1) Make lease payments to the South Dakota Building Authority for projects authorized to be paid out of that fund by the Legislature;
(2) Maintain and repair existing facilities in amounts as may be authorized by the Legislature;
(3) Maintain and repair the Sanford School of Medicine building occupied under capital lease located on Lot 9 except the North 14 Feet, Lots 10 through 14, the East 7.7 Feet of Lots 15, 18 and 19, and the East 7.7 Feet except the North 14 Feet of Lot 20, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition, and the West one-half of the vacated portion of Euclid Avenue adjacent to Lot 9 except the North 14 Feet and Lots 10, 11 and 12, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition to the City of Sioux Falls, Minnehaha County, South Dakota;
(4) Make rent payments from higher education facilities funds, appropriated through the general appropriation act for such purposes, to other private or public parties for educational facilities in accordance with § 13-51-1 as necessary to the proper and efficient delivery of instruction; and
(5) Build and equip new facilities as may be authorized by the Legislature.
No funding may be provided in any year for subdivision (4) or (5) of this section until the level of annual appropriations reaches fifteen million dollars for subdivision (2) of this section. Authorizations for new lease payments, new construction, reconstruction, and renovation are restricted to and may not exceed the amount of higher education facilities funds in excess of the sum of existing lease payments to the South Dakota Building Authority plus fifteen million dollars for maintenance and repair.
Source: SL 1965, ch 68; SL 1968, ch 60, § 1; SL 1977, ch 142, § 1; SL 1979, ch 130; SL 1980, ch 39, § 3; SL 1980, ch 146, § 4; SL 1981, ch 156, § 1; SL 1983, ch 136, § 1; SL 1987, ch 147; SL 1989, ch 158; SL 1991, ch 158, § 1; SL 1998, ch 102, § 1; SL 1999, ch 97, § 2; SL 2011, ch 100, § 1; SL 2016, ch 109, § 9, eff. Mar. 21, 2016.
13-51-4. Recommendations by regents for legislative appropriation or authorization of expenditures.
It shall be the duty of the Board of Regents, and the board has the power and authority, to consider the needs for new facilities or for the complete renovation of existing structures, at institutions of higher education under the jurisdiction of such board, and to make recommendations to the Legislature for specific legislative appropriation or authorization for expenditure or pledges from the educational facilities fund to meet such needs.
Source: SL 1965, ch 68; SL 1968, ch 60, § 1.
13-51-5. Separate institutional funds in treasury for self-liquidating projects.
The state treasurer may establish separate funds for each of the state institutions under the supervision of the Board of Regents for which the Board of Regents has or may hereafter issue self-liquidating revenue bonds to provide funds for the construction of self-liquidating projects.
Source: SL 1963, ch 335.
13-51-6. Identification of funds for self-liquidating projects--Consolidation of funds for institution.
When established pursuant to § 13-51-5, each separate fund shall bear the name of the institution and shall be further identified by such other descriptive terminology as may be proper and conform to contracts regarding self-liquidating projects executed by the Board of Regents, provided, however, that the funds authorized by § 13-51-5 shall consolidate the funds of each institution.
Source: SL 1963, ch 335.
13-51-7. Institutional accounting for individual project funds--Reconciliation with consolidated funds in treasury.
Upon establishment of accounts pursuant to § 13-51-5, each institution shall keep and maintain accounting records of each individual project in such manner that each project is separately identified. The fund records of each of the several project funds shall, at all times, be reconcilable with the consolidated institution funds on deposit with the state treasurer.
Source: SL 1963, ch 335.
13-51-8. Federal concurrence in accounting procedures required.
In the event any of said self-liquidating revenue bond projects now are or hereafter become subject to contract or loan agreement with the United States of America Housing and Home Finance Administrator or his successor, before establishing any such consolidated accounts, for each separate institution, the concurrence of the United States of America Secretary of Housing and Urban Development shall first be obtained.
Source: SL 1963, ch 335.
13-51-8.1. Power to combine self-liquidating projects or facilities on institutional basis.
The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, in connection with "self-liquidating" dormitory, dining hall, and student union building projects, may combine such projects or facilities, on an institutional basis, and such combination may include "self-liquidating" facilities already completed, but constructed from the proceeds of revenue bonds, a portion of which remains outstanding, projects now authorized or hereafter authorized for future completion.
Source: SL 1969, ch 77, § 1; SL 1975, ch 128, § 336.
13-51-8.2. Power to issue refunding bonds for revenue bonds issued on self-liquidating projects or facilities.
The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds previously issued in connection with "self-liquidating" projects, or for the purpose of combining such projects on an institutional basis.
Source: SL 1969, ch 77, § 2; SL 1975, ch 128, § 337.
13-51-9. Eminent domain power for institutional purposes.
The Board of Regents shall have power to condemn private property for public use, to the extent herein provided, when the Legislature has appropriated money for such purpose; and the term "private property" as used in this section and § 13-51-10 shall include that portion of any street or alley along both sides of which the land is owned by the state. The power provided herein shall not be exercised to create or enlarge experimental farms.
Source: SL 1957, ch 77; SDC Supp 1960, § 15.0741.
13-51-10. Resolution for condemnation of private property--Proceedings.
When the Board of Regents shall deem it necessary to condemn any private property for the purpose of erecting or repairing any building or buildings or extending grounds and premises of any of the educational institutions of the state of which it has control, such board shall, by proper resolution and order, declare such condemnation necessary, stating the purposes and extent thereof, and communicate the same to the attorney general, and thereupon proceedings for such condemnation shall be had, in the name of the state as plaintiff, as provided in chapter 21-35.
Source: SL 1957, ch 77; SDC Supp 1960, § 15.0741.
13-51-11. Protection from fire loss of buildings in construction.
The Board of Regents is authorized to expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purpose, sufficient funds to purchase and secure such protection from loss by fire during the erection of such building as may be proper in the judgment of such board.
Source: SDC 1939, § 15.0712.
13-51-12. Moving or disposal of certain structures authorized by regents.
The Board of Regents may permit the moving to other locations, or the dismantling, or sale of structures other than principal classroom, administrative, physical plant, recreational, research, or bonded revenue project buildings if the board considers such action to be in the best interests of the State of South Dakota, in order to make better use of the area, or because of extensive maintenance and repair costs, or because of fire or safety hazards.
Source: SL 1973, ch 115, § 1; SL 1994, ch 140, § 1.
13-51-14. Receipts from sale of temporary structures.
Any net receipts from the sale of structures shall be deposited in the education facilities fund provided for in § 13-51-2.
Source: SL 1973, ch 115, § 3; SL 1994, ch 140, § 3.
13-51-15. Long range financing plan required for improvements financed by private donations--Establishing endowments.
Where a capital improvement is to be primarily financed by private donations, the Board of Regents shall require the institution at which the construction will take place to develop a long-range financing plan to detail how the institution will fund projected operating, maintenance, and repair costs associated with the capital improvement. The board may require the establishment of endowments or the provision for the other nonstate fund revenue sources to cover projected operating, maintenance, or repair costs of privately donated academic buildings. The board shall require the establishment of endowments or the provision for other nonstate fund revenue sources to cover projected operating, maintenance, or repair costs of privately donated nonacademic buildings.
Source: SL 1995, ch 108, § 4.
13-51-16. Real property transfer to South Dakota State University Growth Partnership, Ltd..
Notwithstanding any provisions of law to the contrary, upon the request of the Board of Regents and the Governor, the Commissioner of School and Public Lands shall transfer title to up to twenty-five acres of the following real estate located in Brookings County and any related personal property and improvements located on the property, to South Dakota State University Growth Partnership, Ltd.:
Lots 1 to 32, Lots A to E and Road Right of Ways, All in Block 1 of SDSU Innovation Campus Addition to the Northwest Quarter (NW1/4) of Section Nineteen (19), subject to Lots H-3, H-4 and P-1 thereof, in Township One Hundred and Ten (110) North, Range Forty-nine (49) West of the 5th P.M., in the City of Brookings, Brookings County, South Dakota, according to the recorded plat thereof.
Source: SL 2016, ch 97, § 1.
13-51-17. Real property to be used for research park.
Any transfer of real property pursuant to § 13-51-16 shall be contingent on the land being used for the activities of a primary tenant of a research park, as defined by § 5-29-2.
Source: SL 2016, ch 97, § 2.
13-51-18. Reversion of property to Board of Regents.
Should any real property transferred pursuant to § 13-51-16 cease to be used for two consecutive years for the purpose stated in § 13-51-17, the title to such real property and any related personal improvements located on the property shall revert to the Board of Regents for the use and benefit of South Dakota State University.
Source: SL 2016, ch 97, § 3.
