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Codified Laws
13-52 GRANTS AND DONATIONS TO STATE INSTITUTIONS
CHAPTER 13-52

GRANTS AND DONATIONS TO STATE INSTITUTIONS

13-52-1      Acceptance and administration of gifts by regents--Application to specific purposes.
13-52-2      Certification by attorney general of freedom from obligations on state--Legislative approval required for gifts of real property and building funds.
13-52-3      Acceptance of federal gifts--Governor's approval required--Buildings to be on real property owned by institution.
13-52-4      Acceptance and use of federal funds for operational purposes and improvements.
13-52-5      Acceptance and use of federal funds for student aid and special educational programs.
13-52-6      Direct endowments--Uses limited.



13-52-1Acceptance and administration of gifts by regents--Application to specific purposes.

Notwithstanding the provisions of § 5-24-12, the Board of Regents as constituted by chapter 13-49, may accept, receive, and administer gifts, other than of real property and of funds for building purposes, made for the benefit of any institution of higher education under its control or subject to its administration, and such gifts shall be used by it only for the specific purposes for which they are given.

Source: SL 1955, ch 45; SDC Supp 1960, § 15.0734.



13-52-2Certification by attorney general of freedom from obligations on state--Legislative approval required for gifts of real property and building funds.

Gifts that would impose any present or future legal obligations upon the state or its administrative agencies shall not be accepted, received, or administered under § 13-52-1 until the attorney general of this state certifies that the same are free from such obligations, and gifts of real property and of funds for building purposes shall not be so accepted, received, or administered without specific approval by resolution adopted by the Legislature.

Source: SL 1955, ch 45; SDC Supp 1960, § 15.0734.



13-52-3Acceptance of federal gifts--Governor's approval required--Buildings to be on real property owned by institution.

In order to effectuate and make more workable the provisions of §§ 13-52-1 and 13-52-2, authority is hereby granted to the Board of Regents to accept gifts of buildings, or other property, real or personal, and of funds for building purposes, made for the benefit of any institution of higher education under its control or subject to its administration, by the federal government or its agencies; provided, however, that the acceptance of such gift must first be approved by the Governor of this state and provided further, that such gift is in keeping with the purposes and programs of such institution of higher education and such gift or bequest does not impose any present or future legal obligation upon the state or the Board of Regents. In the event such gift is for buildings, the same shall be located upon realty owned by said institution affected.

Source: SL 1957, ch 76; SDC Supp 1960, § 15.0735.



13-52-4Acceptance and use of federal funds for operational purposes and improvements.

The South Dakota State Board of Regents shall be authorized to accept, control, and use on behalf of the several institutions of this state under its supervision, any federal funds available for equipment, faculty, or administrative salaries, educational services, buildings, building repairs, and additions, or any other college program, improvement, or expansion.

Source: SL 1959, ch 78; SDC Supp 1960, § 15.0743 (2); SL 1961, ch 60.



13-52-5Acceptance and use of federal funds for student aid and special educational programs.

The South Dakota State Board of Regents shall be authorized to accept, control, and use on behalf of the several institutions of this state under its supervision, any federal funds, grants-in-aid, subventions, or other financial aids that are available to such institutions for fellowship grants, student loans, curriculum expansion, establishing institutes or instructional centers, or any other educational program made available to them.

Source: SL 1959, ch 78; SDC Supp 1960, § 15.0743 (1); SL 1961, ch 60.



13-52-6Direct endowments--Uses limited.

All endowments, gifts, and bequests made directly to any state institution of higher education, and the income therefrom, shall belong to and be used only by that institution. Direct endowments, gifts, and bequests, including those received indirectly by foundations affiliated with an institution, may not be used to reduce its state appropriation. Nothing contained in this section may require the continuation of programs or program levels achieved as the result of those endowments, gifts, and bequests, nor may it apply to state appropriated funds.

Source: SL 2001, ch 23, § 4.