Capitol Complex Restoration and Beautification Commission--Duty to enlarge and
Direction and supervision of commission by Bureau of Administration--Independent
Definition of terms.
Appointment and terms of commission members.
Oath and bond of commission members.
Meetings of commission--Chair and secretary--Reports to Governor and Legislature.
Compensation and expenses of commission members.
Employment of personnel--Supplies and equipment.
Plans for enlargement, restoration, and beautification of complex.
Development of areas adjacent to capitol complex--Long-range plan.
Publications by commission--Maps, surveys, and studies.
Acceptance and use of contributions.
Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities.
Acquisition and management of property for enlarged complex.
Donation of property by city of Pierre.
Hilger's Gulch condemnation validated.
Board to determine location of any new building in capitol complex.
Commission power to execute contracts and instruments.
Lease and management of property acquired by commission.
Sale of excess property by commission--Advertising and notice--Bids and offers.
Sale of property to public agencies--Advertisement not required--Approval by Board
Destruction and disposal of buildings.
Promulgation of rules for complex restoration and beautification.
Supervision of improvements and extensions of capitol grounds and buildings.
5-15-25.1 to 5-15-25.3. Repealed.
Maintenance and protection of buildings and grounds--Employment of personnel.
Procurement of office space outside capitol building.
Working capital account for maintenance of buildings and grounds.
Reimbursement by agencies of depreciation and maintenance costs.
Building depreciation fund--Expenditures.
Public buildings fund--Deposit of proceeds from sale or lease of public lands.
Expenditures from maintenance working capital account.
5-15-31 to 5-15-33. Repealed.
Promulgation of rules for conduct in capitol complex and grounds.
Violation of rule as petty offense.
Policy-making and oversight duties of commission.
Renovation plans--Commission approval.
5-15-37 to 5-15-41. Repealed.
Historic areas of capitol building--Protection and preservation--Restoration projects.
Alteration or covering of historic area prohibited--Public access--Exceptions.
Historic area traditionally open to the public.
Historic area defined.
Control of areas traditionally reserved to Governor, Legislature, and Supreme Court.
Centennial Cultural Heritage Center established in Pierre.
Bust of Peter Norbeck.
Statue of General William Henry Harrison Beadle.
5-15-1. Capitol Complex Restoration and Beautification Commission--Duty to enlarge and beautify complex.
The State of South Dakota declares that it is necessary that the capitol complex in the city of Pierre be enlarged and beautified. The South Dakota Capitol Complex Restoration and Beautification Commission shall accomplish that purpose in the manner provided by this chapter.
5-15-1.1. Direction and supervision of commission by Bureau of Administration--Independent functions retained.
The Capitol Complex Restoration and Beautification Commission shall be administered under the direction and supervision of the Bureau of Administration and the commissioner thereof. The commission shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in § 1-32-1, otherwise vested in it and shall exercise those functions independently of the commissioner of administration.
(1) "Commission," the South Dakota Capitol Complex Restoration and Beautification Commission;
(2) "Capitol complex," all state capitol buildings and capitol grounds within the capitol complex.
Source: SL 1980, ch 48, §§ 1, 14.
5-15-2. Appointment and terms of commission members.
The commission consists of one nonappointed member, who shall be the mayor of Pierre or the mayor's designee, and seven appointed members, not all of whom may be of the same political party, to be appointed by the Governor for a term of four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Each member of the commission shall, within ten days after appointment, qualify by taking the oath of office and giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars, the cost to be paid by the state.
5-15-4. Meetings of commission--Chair and secretary--Reports to Governor and Legislature.
The commission shall meet at least twice each year and at such additional times as may be necessary. All meetings shall be held at the state capitol, and a majority of its members constitutes a quorum. The commission shall choose a chair, and one of its members as secretary, who shall keep minutes of its meetings. The commission shall make reports to the Governor on the progress of its work, and to the Legislature.
5-15-6. Employment of personnel--Supplies and equipment.
The Bureau of Administration shall employ such clerical and other help for the commission as in the bureau's discretion seems necessary. The bureau may employ such assistance and provide such supplies and equipment as may be necessary to properly carry on the work of the commission.
5-15-7. Plans for enlargement, restoration, and beautification of complex.
The commission shall make all necessary plans for the enlargement, restoration, and beautification of the capitol complex or additions thereto, including uniform plans and specifications for its development.
5-15-8. Development of areas adjacent to capitol complex--Long-range plan.
The commission shall make recommendations for the development of areas immediately adjacent to the state capitol complex and acquaint the people of South Dakota with the need and purpose of a comprehensive long-range plan for capitol complex of sufficient and proper size to serve the future needs of the state and to secure the proper growth and expansion of the city of Pierre. The zone shall be designated the capitol area preservation zone and shall be zoned primarily for residential purposes and for governmental purposes.
5-15-9. Publications by commission--Maps, surveys, and studies.
The commission may print and distribute such pamphlets and leaflets and information as is proper and necessary to further and advance the work, objects, and aims of the commission, and acquaint South Dakota citizens with the commission. The Bureau of Administration shall supply the pamphlets and leaflets for the commission. The commission may have maps, diagrams, drawings, sketches, representations, preliminary surveys, and studies made in conjunction with the commission's work, and do all the necessary things to effectuate the purposes and intent of §§ 5-15-1 to 5-15-23, inclusive.
The commission may accept and receive gifts of money and contributions and donations of real and personal property from any source, including the city of Pierre, South Dakota, a municipal corporation, and the United States of America, and to use the same for the purposes of §§ 5-15-1 to 5-15-23, inclusive. The commission may deposit such moneys to the credit of the commission, and carry on a campaign for public contribution of such funds, and expend moneys necessary therefor.
5-15-11. Plats and surveys of capitol complex--Opening and vacating streets and alleys--Utility facilities.
The commission may make all necessary surveys in connection with its work, plat and replat the area of the capitol complex acquired by the commission, or any part thereof, and open and dedicate streets to the use of the public in such area, granting easements therein and use thereof to the city of Pierre, South Dakota, and to the public, for sewer, water, and electricity, and other facilities. The commission may vacate any streets or alleys in the manner provided by law in the areas acquired by the commission or bordering on or adjacent thereto. The commission may make agreements with the city for replacement of its facilities in any vacated streets within the area and grant easements for erection and maintenance of other necessary facilities and utilities.
5-15-12. Acquisition and management of property for enlarged complex.
The commission may acquire by gift or the exercise of the power of eminent domain in the manner provided by law, real property necessary for the state capitol complex enlarged as provided by the plans adopted by the commission, lease or manage any such property, and sell excess property of the commission.
The city of Pierre may convey, without compensation therefor, to the state any property owned by the city within the boundaries of the capitol complex as enlarged pursuant to the plan adopted, and area determined, by the commission.
The acts of the commission in its exercise of the power of eminent domain on behalf of the state and in the selection of the lands acquired in the action of condemnation heretofore brought by the commission in the circuit court for Hughes County, South Dakota, to acquire unimproved land in the area known as Hilger's Gulch in the city of Pierre adjacent to the existing capitol grounds, are hereby confirmed as if heretofore expressly conferred and the action is cured, validated, and legalized from its inception.
5-15-15. Board to determine location of any new building in capitol complex.
The location of any building to be erected in the capitol complex shall be determined by the majority vote of a board consisting of the Governor, chair of the commission, and the executive head or officer of any of the branches of state government, or the chair, commissioner, or head of any department, board, commission or agency thereof, for which a new building is authorized to be erected.
5-15-16. Commission power to execute contracts and instruments.
The commission may make and execute all contracts and other instruments which may be required in connection with the enlargement, renovation, and beautification of the state capitol grounds and other duties imposed upon the commission by §§ 5-15-1 to 5-15-23, inclusive.
5-15-17. Lease and management of property acquired by commission.
The commission may lease, manage, control, and maintain any of the property heretofore or hereafter acquired by it, and to execute lease, or rental agreements therefor as the commission deems advisable. No lease agreement may exceed a term of two years. The lease agreement shall be executed by the chair and secretary.
5-15-18. Sale of excess property by commission--Advertising and notice--Bids and offers.
The commission may sell unneeded or excess property of the commission other than real property and sever any buildings or structures from the land. The sale of any property by the commission shall be at public auction or upon sealed bids, to be held in Hughes County, South Dakota, to the highest bidder for cash. Notice of sale, containing terms of sale shall be given by the commission which shall be published in at least two of the official newspapers of the county once a week for two successive weeks next before the day, on or after which the sale is to be made, which date, and the location where such auction will be held, shall be stated in the notice and shall be at least fifteen days from the first publication of notice. The right to reject any and all bids is reserved. A sale may not be made before the day set but shall be made within sixty days thereafter. If bids or offers are used, the bids shall be in writing and shall be filed in the office of the chairman or secretary of the commission in Pierre.
5-15-19. Sale of property to public agencies--Advertisement not required--Approval by Board of Finance.
The commission may make sales of structures, material, or property severed from the land, or other personal property to the public and to other state agencies, departments, or political subdivisions. Such sales to state agencies, departments, or political subdivisions shall follow the procedures for other sales. However, no notice or advertisement for bid requirements or time of sale requirements applies to such sale. If the sale of any such property agreed to by the commission exceeds the sum of one hundred dollars, the sale shall be submitted by the commission to the State Board of Finance for approval and, if approved, a bill of sale may be executed by the commission.
A portion of the capitol grounds, as now exists and lies north of Church Street located in Hilger's Gulch shall be known as the Governor's Grove. The Governor's Grove shall, under the supervision of the Bureau of Administration, be properly landscaped and parked and shall contain a grove of hardy, long-lived trees, each one properly marked and maintained as a memorial grove to the past, present, and future Governors of South Dakota. A new tree, as an addition to such grove, shall be set out and properly dedicated on the first Arbor Day following the election of each Governor. This grove shall be maintained as an adjunct to the capitol grounds and shall be used for no other memorial purpose than as is provided for in this section. However, a gateway to the grove may be provided in which each county in the state shall be represented by a properly inscribed stone or marker.
5-15-25. Supervision of improvements and extensions of capitol grounds and buildings.
Except as provided by §§ 5-14-2 and 5-15-17, the Bureau of Administration shall have control and supervision of all permanent improvements and extensions of the capitol grounds and buildings and of the disbursement of all moneys appropriated for such purposes.
5-15-25.1 to 5-15-25.3.
Repealed by SL 2011, ch 2, §§ 72 to 74.
5-15-26. Maintenance and protection of buildings and grounds--Employment of personnel.
The commissioner of administration shall be the superintendent of the state capitol. The commissioner shall control, manage, and supervise the buildings and grounds. The commissioner shall employ engineers, carpenters, electricians, plumbers, mechanics, watchmen, policemen, elevator operators, guides, janitors, and other laborers as may be necessary for the proper care, safety, management, and maintenance of the capitol and grounds, and the public property there kept, and for the proper protection of the properties from injury and deterioration.
5-15-27. Procurement of office space outside capitol building.
The Bureau of Administration shall also, under the direction of the commissioner of administration, and with the consent of the Governor, arrange for procuring office rooms outside of the capitol where necessity requires.
Source: SL 1925, ch 115, ch II, art VI, § 2; SDC 1939, § 55.2702.
5-15-28. Working capital account for maintenance of buildings and grounds.
There is hereby established a working capital account in the state treasury for the purpose of providing maintenance services for the various buildings and grounds under the jurisdiction of the Bureau of Administration.
Source: SL 1966, ch 182, § 1.
5-15-29. Reimbursement by agencies of depreciation and maintenance costs.
The Bureau of Administration may require state agencies to reimburse the bureau for the depreciation of physical facilities computed on their useful life and the actual cost of providing maintenance of physical facilities, including a proper share of utility costs, janitorial services, and supplies, utilized by the agency receiving such services. Such reimbursements shall be made to the Bureau of Administration on a monthly basis and the receipts from the reimbursements shall be deposited in the maintenance revolving account established in § 5-15-28.
5-15-29.1. Building depreciation fund--Expenditures.
There is hereby established a building depreciation fund in which funds collected for depreciation pursuant to § 5-15-29 shall be deposited. Expenditures from such fund shall be made only upon approval of the Legislature or the special committee created by chapter 4-8A.
Source: SL 1979, ch 35, § 2.
5-15-29.2. Public buildings fund--Deposit of proceeds from sale or lease of public lands.
There is hereby created the public buildings fund in the state treasury into which shall be deposited all proceeds from the sale or lease of those public lands granted in §§ 12 and 17 of the Enabling Act for the construction, reconstruction, repair, renovation, furnishings, and equipment of public buildings at the state capitol. The commissioner of school and public lands is hereby directed to deposit all such proceeds earned after July 1, 1987, into the public buildings fund.
Source: SL 1987, ch 53, § 1.
5-15-30. Expenditures from maintenance working capital account.
Expenditures may be made from the maintenance working capital account established in § 5-15-28 for the purpose of providing maintenance services of buildings and grounds, but for no other purpose. Such expenditures shall be disbursed on warrants drawn by the state auditor pursuant to vouchers approved by the Bureau of Administration.
Source: SL 1966, ch 182, § 3.
5-15-31 to 5-15-33.
Repealed by SL 2011, ch 2, §§ 76 to 78.
5-15-34. Promulgation of rules for conduct in capitol complex and grounds.
The commissioner of administration may promulgate such rules pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare, to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and to declare what constitutes a nuisance within the buildings of the capitol complex and the capitol grounds. These rules may include the regulation of hours of general public accessibility to buildings within the capitol complex and the regulation of obstruction, speed limits, and parking on the streets and alleys within the capitol grounds.
5-15-37 to 5-15-41.
Repealed by SL 1980, ch 48, § 13.
Repealed by SL 1982, ch 16, § 13.
Repealed by SL 1980, ch 48, § 15.
5-15-44. Historic areas of capitol building--Protection and preservation--Restoration projects.
The commission created by § 5-15-1 shall protect and preserve the integrity of the historic areas of the state capitol building and shall, from time to time, propose restoration projects to restore historic areas to their original appearance insofar as this objective is compatible with modern use.
Source: SL 1980, ch 49, § 1; SL 2011, ch 2, § 83.
5-15-45. Alteration or covering of historic area prohibited--Public access--Exceptions.
No person may alter, change, remodel, partition, cover, or conceal an historic area which is a part of the state capitol building. In addition, no person may deny access to an historic area traditionally open to the public by creating physical barriers to access by the public except as may be necessary for public health, safety, or the safety of the property, or for the orderly conduct of state business, without the approval of the commission. However, the commissioner of administration temporarily may deny access to any area by the public or create temporary barriers for a period up to ninety days if, in the commissioner's judgment, it is necessary to do so for the public health, safety, or the safety of the property, or to permit the orderly conduct of state business.
Source: SL 1980, ch 49, § 1; SL 2011, ch 2, § 84.
5-15-46. Historic area traditionally open to the public.
For purposes of §§ 5-15-44 to 5-15-48, inclusive, an "historic area traditionally open to the public" includes the exterior of the state capitol building, the grounds of the state capitol building bordered by Capitol Lake, Capitol Avenue, Nicollet Avenue, and Broadway Avenue, the hallways on the first, second, third, and fourth floors of the state capitol building and the rotunda of the state capitol building.
For the purposes of §§ 5-15-44 to 5-15-48, inclusive, an "historic area" includes the chambers of the Supreme Court, the legislative chambers of the State House of Representatives and the State Senate, the reception area traditionally used by the Governor, and any mural, painting, statue, or decoration created for or attached to the state capitol building.
Source: SL 1980, ch 49, § 3.
5-15-48. Control of areas traditionally reserved to Governor, Legislature, and Supreme Court.
Nothing in §§ 5-15-44 to 5-15-48, inclusive, may be construed as to prevent the Governor, Legislature, or Supreme Court from controlling the areas traditionally reserved for their use in the course of the conduct of public business except insofar as such usage may require the permanent alteration of the physical features of the state capitol building which shall require the approval of the State Capitol Complex Restoration and Renovation Commission as provided in § 5-15-45.
Source: SL 1980, ch 49, § 4.
5-15-49. Centennial Cultural Heritage Center established in Pierre.
There is hereby created a South Dakota Centennial Cultural Heritage Center which shall include the storage of archival records, a research center, an exhibit area, and office space. The Centennial Cultural Heritage Center shall be located in Pierre under the control and supervision of the Department of Education.
The State of South Dakota accepts the gift of Mrs. Peter Norbeck of a bust of the late United States Senator Norbeck and former Governor of this state, sculptured by the late Gutzon Borglum, to be placed in a suitable place on the capitol grounds to be determined by the commission.