SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-11. Repealed by SL 2006, ch 130, § 1.

1-1-12. Indian country--Assumption of jurisdiction.

In accordance with the provisions of 67 Statutes at Large, page 589, Public Law 280, and as Indian country is defined by 18 U.S.C., § 1151, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any law to the contrary, notwithstanding, the State of South Dakota assumes and accepts jurisdiction of all criminal and civil causes of action arising in Indian country under the provisions of §§ 1-1-12 to 1-1-16, inclusive, as hereinafter set forth.

Source: SL 1957, ch 319, § 1; SDC Supp 1960, § 65.0805.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-13. Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.

No assumption of civil or criminal jurisdiction shall become effective under the provisions of §§ 1-1-12 to 1-1-16, inclusive, until the tribal council of a tribe over which state jurisdiction is to be taken, shall have considered a referendum in which all persons eligible to vote at elections held for the purposes of electing officers of such tribe, shall have been given an opportunity to approve or disapprove such assumption of jurisdiction. A majority of the persons so voting in such a referendum must cast affirmative votes in favor thereof before such approval shall be given, and the tribal council shall then notify the board of county commissioners of the counties concerned as to the results of such referendum. Provided, however, that if the tribe has failed to take action as above prescribed, within one year from and after October first, 1957, it shall be deemed that the referendum has been dispensed with and that the tribe has consented to and does approve the assumption of jurisdiction herein provided, and that the county or counties concerned may then proceed as set forth in § 1-1-14.

Source: SL 1957, ch 319, § 5; SDC Supp 1960, § 65.0809.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-14. Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.

Jurisdiction shall not be deemed assumed or accepted by this state in any county of South Dakota unless and until a resolution assuming and accepting the same is adopted by the board of county commissioners of any county containing Indian country. Prior to the adoption of such a resolution, the county commissioners shall negotiate and contract with the federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to any county in connection with the assumption of said jurisdiction. The rates or terms of any such contract shall so far as possible be on the basis of and take into consideration the untaxed Indian lands and the proportion such land bears to the total land area of said respective counties and the proportion the law enforcement costs bear to the total government costs of said respective counties.

Source: SL 1957, ch 319, § 4; SDC Supp 1960, § 65.0808.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-15. Prosecution of criminal offenses on Indian lands.

All criminal offenses occurring on Indian lands within such counties shall be dealt with and proceeded against in like manner as if they had occurred on other lands within such respective counties.

Source: SL 1957, ch 319, § 2; SDC Supp 1960, § 65.0806.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-16. Indian hunting, trapping and fishing rights preserved.

Nothing in §§ 1-1-12 to 1-1-15, inclusive, shall deprive any enrolled member of said tribe of any right, privilege, or immunity afforded under federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.

Source: SL 1957, ch 319, § 3; SDC Supp 1960, § 65.0807.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-17. Highways in Indian lands--Acceptance of jurisdiction.

The United States of America having ceded to the State of South Dakota concurrent police jurisdiction excepting the ten major crimes as defined by 18 U.S.C., § 1153, unless automobile accidents are involved, over all public highways or portions thereof, including rights-of-way, located within the State of South Dakota:

(1) Which are established through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian, under any laws or treaties, but which have not been conveyed to the allottee with full power of alienation; and

(2) Which were established or which are maintained by the joint participation of the United States and the State of South Dakota.

The State of South Dakota hereby accepts such jurisdiction.

Source: SL 1959, ch 144, §§ 1, 2; SDC Supp 1960, § 65.0810.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-18. Indian country--Assumption of jurisdiction.

The State of South Dakota, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280), hereby assumes and accepts jurisdiction of all criminal offenses and civil causes of action arising in the Indian country located within this state, as Indian country is defined by 18 U.S.C., § 1151, and obligates and binds this state to the assumption thereof, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any other law of this state to the contrary, notwithstanding.

Source: SL 1961, ch 464, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-19. Negotiation and acceptance of federal reimbursement of costs of jurisdiction.

The county commissioners of those counties of this state in which there is located Indian country as affected by §§ 1-1-18 to 1-1-21, inclusive, and the Governor may accept grants-in-aid, and negotiate, and contract with the federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to such counties and this state in connection with such assumption of jurisdiction.

Source: SL 1961, ch 464, § 2; SL 1985, ch 33, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-20. Provisional repeal of prior assumption of jurisdiction of Indian lands.

Subject to the provisions of §§ 1-1-21, §§ 1-1-12 to 1-1-17, inclusive, are hereby repealed.

Source: SL 1961, ch 464, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-21. Governor's proclamation required for assumption of jurisdiction.

Except as to criminal offenses and civil causes of action arising on any highway, as defined in chapter 31-1, the jurisdiction provided for in § 1-1-18 is not assumed or accepted by this state, and §§ 1-1-18 and 1-1-20 is not considered in effect, unless and until the Governor of the State of South Dakota, if satisfied that the United States of America has made proper provision for the reimbursement to this state and its counties for the added costs in connection with the assumption of said jurisdiction, has issued a proper proclamation duly filed with the secretary of state declaring the said jurisdiction to be assumed and accepted.

Source: SL 1961, ch 464, § 4; SL 2023, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-22. Law defined.

Law is a rule of property and of conduct prescribed by the sovereign power.

Source: SDC 1939, § 65.0101.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-23. Expressions of sovereign will.

The will of the sovereign power is expressed:

(1) By the Constitution of the United States;

(2) By treaties made under the authority of the United States;

(3) By statutes enacted by the Congress of the United States;

(4) By the Constitution of this state;

(5) By statutes enacted by the Legislature;

(6) By statutes enacted by vote of the voters;

(7) By the ordinances of authorized subordinate bodies;

(8) Rules of practice and procedure prescribed by courts or adopted by departments, commissions, boards, officers of the state, or its subdivisions pursuant to authority so to do.

Source: SDC 1939, § 65.0102; SL 1985, ch 15, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-24. Common law and law merchant applied--Evidence of common law.

The evidence of the common law, including the law merchant, is found in the decisions of the tribunals.

In this state the rules of the common law, including the rules of the law merchant, are in force, except where they conflict with the will of the sovereign power, expressed in the manner stated in § 1-1-23.

Source: SDC 1939, § 65.0103.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-25. When order or judgment of tribal court may be recognized in state courts.

No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:

(1) Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that:

(a) The tribal court had jurisdiction over both the subject matter and the parties;

(b) The order or judgment was not fraudulently obtained;

(c) The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;

(d) The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and

(e) The order or judgment does not contravene the public policy of the State of South Dakota.

(2) If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances:

(a) In any child custody or domestic relations case; or

(b) In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or

(d) Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919.

Source: SL 1986, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-26. Acceptance by state agencies or higher education facilities of matricula consular card as identification.

No state agency, state supported university, or technical college may accept a matricula consular card or substantially similar document issued by the Mexican Consulate as proof of identification for any purpose.

Source: SL 2004, ch 3, § 1; SL 2020, ch 61, § 28.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-27. Legislature to authorize state or state agency transfer of title of real property to the federal government.

Neither the State of South Dakota nor any of its state agencies may transfer title to any real property in this state to the federal government or any federal agency unless the Legislature has granted its explicit authorization by prior legislation.

Source: SL 2004, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1-28. Exception to application of provisions of § 1-1-27.

The provisions of § 1-1-27 do not apply:

(1) If the transfer is the result of an eminent domain proceeding; or

(2) If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent domain proceeding would be justified; or

(3) If the transfer involves less than forty acres of unimproved land or less than five hundred thousand dollars worth of improved real estate; or

(4) If the transfer involves the trade of tracts of land of substantially equal value between the state government or any of its entities and the federal government or any of its entities.

Source: SL 2004, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-1A

UNCONSTITUTIONAL OFFICIAL ACTIONS

1-1A-1 Unconstitutional state actions void.

1-1A-2 Enforcement of unconstitutional policies prohibited.

1-1A-3 State officers to protect constitutional rights.

1-1A-4 Government authority--Limitations related to the exercise of religion.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1A-1. Unconstitutional state actions void.

It is the public policy of the State of South Dakota that every statute, rule, regulation, executive order, and office policy of the State of South Dakota enacted, promulgated, issued, or established in contradiction to the provisions of the United States Constitution, and so judicially determined by a final judgment rendered by the South Dakota Supreme Court, the federal district court for the State of South Dakota, the United States Court of Appeals for the eighth circuit, or the United States Supreme Court, is void within the jurisdiction of the State of South Dakota.

Source: SL 1979, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1A-2. Enforcement of unconstitutional policies prohibited.

No person may enforce any statute, rule, regulation, executive order, or office policy that is in violation of § 1-1A-1.

Source: SL 1979, ch 4, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1A-3. State officers to protect constitutional rights.

Every state officer is directed to utilize the full force and authority of his office to resist the intrusion of such unlawful provisions and to protect the constitutional rights of the State of South Dakota and its individual citizens from the encroachments of such provisions.

Source: SL 1979, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-1A-4. Government authority--Limitations related to the exercise of religion.

Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may:

(1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;

(2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or

(3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.

This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs.

Source: SL 2021, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-2 STATE BOUNDARY ADJUSTMENTS

CHAPTER 1-2

STATE BOUNDARY ADJUSTMENTS

1-2-1      Commissioners to negotiate boundaries authorized--Compacts dependent on ratification.
1-2-2      Meeting with commissioners of other participatory state--Report--Disbandment.
1-2-3 to 1-2-7. Repealed.
1-2-8      Ratification and approval--Text.
1-2-9      Effective date of compact--Notice of ratification.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-2-1. Commissioners to negotiate boundaries authorized--Compacts dependent on ratification.

The Governor of South Dakota may appoint commissioners to represent the State of South Dakota on joint commissions composed of commissioners representing boundary states, to be constituted by the states for the purpose of negotiating and entering into agreements or compacts between the states to establish the boundaries between the states. Any compact made on behalf of the states is not binding or obligatory upon either state, unless it has been ratified by the Legislatures of the compacting states and approved by the Congress of the United States.

Source: SL 1957, ch 316, § 1; SDC Supp 1960, § 55.5601; SL 1988, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-2-2. Meeting with commissioners of other participatory state--Report--Disbandment.

Upon appointment of commissioners by the Governor, the commissioners shall proceed immediately to meet with the commissioners for the other participatory state for the purpose of negotiating the compact referred to in § 1-2-1. The commission shall disband upon completion of its business and submission of a report to the Governor.

Source: SL 1957, ch 316, § 2; SDC Supp 1960, § 55.5602; SL 1988, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-2-3 to 1-2-7. Repealed by SL 1988, ch 2, §§ 3 to 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-2-8. Ratification and approval--Text.

Ratification and approval is hereby given to the South Dakota-Nebraska boundary compact as signed at the city of Lincoln in the state of Nebraska on the twenty-fourth day of February 1989 by the duly authorized commissioners of the state of South Dakota and of the state of Nebraska which South Dakota-Nebraska boundary compact is in full as follows:

SOUTH DAKOTA-NEBRASKA BOUNDARY COMPACT

WHEREAS, the Missouri River has constituted the territorial boundary between the state of Nebraska and the state of South Dakota common to Dakota County, Nebraska, and Union County, South Dakota; and,

WHEREAS, by the forces of nature and construction, operation and maintenance efforts by agencies of the federal government, the flow of the Missouri River has changed its course, and the main channel of the river has changed its position in many areas along the boundary between said counties of the states; and,

WHEREAS, disputes between the state of Nebraska and the state of South Dakota, their political and governmental subdivisions, citizens and other persons have arisen with respect to the location of the true boundary between said counties of the states; and,

WHEREAS, there has for many years existed as between said counties of the states, a question as to the true and correct boundary line between them; and,

WHEREAS, in some areas land is taxed or may be taxed by governmental bodies in both states and in other areas land may be untaxed by governmental bodies in either state; and,

WHEREAS, at times courts have found some land as located in Nebraska and at other times the courts have found the same land as located in South Dakota; and,

WHEREAS, the Missouri River is now relatively stabilized by work done under the direction and supervision of the United States Army Corps of Engineers, and a boundary based upon the present main channel of the Missouri River would be, if the works are properly maintained, as near as can be anticipated at this time, fixed and permanent; and,

WHEREAS, it is to the best interest of the states of Nebraska and South Dakota, their political and governmental subdivisions and their citizens, to determine a new and compromise boundary between said counties of the states, to avoid litigation and multiple exercises of sovereignty and jurisdiction, to encourage the optimum beneficial use of the river, its facilities and its waters, and to remove all causes of controversy between said states with respect to the boundary between said counties of the states; and,

WHEREAS, the states by entering into an agreement for a new boundary are not recognizing and do not desire to recognize the former compact boundary established between them by their legislative actions and the consent of the Congress in 1905; and,

WHEREAS, because of the numerous natural cutoffs over the years and the construction and stabilization work by the Corps of Engineers, which included the dredging of channels and construction of dikes and revetments, thus moving the river around and across islands, bar areas, and lands, as between the states, neither of them recognizes any presumption that the river has moved gradually into the present designed channel location; and,

WHEREAS, the states recognize that the Corps of Engineers' activities have caused tracts of land formerly on one side of the river to be isolated on the other side, and the states recognize there may have been many natural cutoffs of the Missouri River prior to the stabilization work by the Corps of Engineers; and,

WHEREAS, as to lands along or in proximity to the Missouri River, the states desire not to disturb private titles or claims which may have been established by individuals by recognizing or locating any specific areas as belonging to or being within one state or the other; instead the states desire to leave any questions of private titles to the parties involved; and,

WHEREAS, the terms of this compact shall be binding upon the states, their political and governmental subdivisions and officers and agents thereof; and,

WHEREAS, the parties recognize that the present main channel of the Missouri River as it exists within the designed channel stabilized by the Corps of Engineers is or may be different from a line parallel and equidistant from the present banks of the Missouri River; and,

WHEREAS, the states of Nebraska and South Dakota have agreed upon the terms and provisions of a compact to establish the boundary between said counties of the states.

To these ends, duly appointed commissioners for the state of Nebraska and the state of South Dakota jointly convened on February 24, 1989, in Lincoln, Nebraska, and have resolved to conclude a compact, following enactment by their respective legislative bodies and with consent of the Congress of the United States, and have agreed upon the following Articles:

ARTICLE I. Findings and Purposes

(a) The state of Nebraska and the state of South Dakota find that there have been actual and potential disputes, controversies, criminal proceedings and litigation arising or which may arise out of the location of the boundary line between Dakota County, Nebraska, and Union County, South Dakota; that the Missouri River constituting the boundary between said counties of the states has changed its course from time to time, and that the United States Army Corps of Engineers has established a designed channel of the river for navigation and other purposes, which is described and shown in the survey referred to in Article II.

(b) It is the principal purpose of the states in executing this compact to establish an identifiable compromise boundary between said counties of the states for the entire distance thereof as of the effective date of this compact without interfering with or otherwise affecting private rights or titles to property, and the states declare that further compelling purposes of this compact are: (1) to create a friendly and harmonious interstate relationship; (2) to avoid multiple exercise of sovereignty and jurisdiction including matters of taxation, judicial and police powers and exercise of administrative authority; (3) to encourage settlement and disposition of pending litigation and criminal proceedings and avoid or minimize future disputes and litigations; (4) to promote economic and political stability; (5) to encourage the optimum mutual beneficial use of the Missouri River, its waters and its facilities; (6) to establish a forum for settlement of future disputes; (7) to place the boundary in a new or reestablished location which can be identified or located; and (8) to express the intent and policy of the states that the common boundary between said counties be established within the confines of the Missouri River and both states shall continue to have access to and use of the waters of the river.

ARTICLE II. Establishment of Boundary

(a) The permanent compromise boundary line between said counties of the states shall be fixed at the centerline of the designed channel of the Missouri River (the westerly channel adjacent to Section 5, Township 29 North, Range 7 East of the 6th P.M. shall be considered the main channel). The state of Nebraska and the state of South Dakota by the ratification of this document agree to accurately describe the centerline of the design channel by reference to permanent monuments which shall be placed at locations which are easily accessible and safe from destruction. The Nebraska State Surveyors Office and a representative from South Dakota shall jointly supervise and approve placement of the monuments and the location of the compact boundary. Upon completion, the maps and record of the survey shall be incorporated herein and made a part hereof by reference. Said maps shall be placed on file with the secretaries of state of South Dakota and Nebraska. The approval of contracts and all necessary costs for the accurate survey and placement of proper monuments shall be shared equally between the states of South Dakota and Nebraska.

(b) This centerline of the channel of the Missouri River as described on said survey shall hereinafter be referred to as the "compromise boundary."

ARTICLE III. Relinquishment of Sovereignty

On the effective date of this compact, the state of South Dakota hereby relinquishes to the state of Nebraska all sovereignty over lands lying on the Nebraska side of said compromise boundary and the state of Nebraska hereby relinquishes to the state of South Dakota all sovereignty over lands lying on the South Dakota side of the compromise boundary.

ARTICLE IV. Pending Litigation

Nothing in this compact shall be deemed or construed to affect any litigation pending in the courts of either of the states concerning title to any of the lands, sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska or by the state of Nebraska to the state of South Dakota and any matter concerning the title to lands, sovereignty over which is relinquished by either state to the other, may be continued in the courts of the state where pending until a final determination thereof.

ARTICLE V. Public Records

(a) On and following the effective date of this compact, the public record of real estate titles, mortgages and other liens in the state of Nebraska to any lands, the sovereignty over which is relinquished by the state of Nebraska to the state of South Dakota, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the state of Nebraska, by the courts of the state of South Dakota.

(b) On and following the effective date of this compact, the public record of real estate titles, mortgages and other liens in the state of South Dakota to any lands, the sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the state of South Dakota, by the courts of the state of Nebraska.

(c) As to lands, the sovereignty over which is relinquished, on the effective date of this compact the recording officials of each state including the counties thereof shall accept for filing documents of title using legal descriptions derived from the land descriptions of the other state. The acceptance of such documents for filing shall have no bearing upon the legal effect or sufficiency thereof.

ARTICLE VI. Taxes

(a) Taxes for the calendar year of the effective date of this compact which are lawfully imposed by either Nebraska or South Dakota may be levied and collected by such state or its authorized governmental subdivisions and agencies on land, subsequent jurisdiction over which is relinquished by the taxing state to the other, and any liens or other rights accrued or accruing, including the right of collection, shall be fully recognized and the county treasurers of the said counties or other taxing authorities affected shall act as agents in carrying out the provisions of this Article; provided, that all liens or other rights arising out of the imposition of taxes, accrued or accruing as aforesaid, shall be claimed or asserted within five years after this compact becomes effective and if not so claimed or asserted shall be forever barred.

(b) The lands, sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska, shall not thereafter be subject to the imposition of taxes in the state of South Dakota from and after the calendar year of the effective date of this compact. The lands, sovereignty over which is relinquished by the state of Nebraska to the state of South Dakota, shall not thereafter be subject to the imposition of taxes in the state of Nebraska from and after the calendar year of the effective date of this compact.

ARTICLE VII. Private Rights

(a) This compact shall not deprive any riparian owner of such riparian owner's rights based upon riparian law and the establishment of the compromise boundary between said counties of the states shall not in any way be deemed to change or affect the boundary line or riparian owners along the Missouri River as between such owners. The establishment of the compromise boundary shall not operate to limit such riparian owner's rights to accretions across such compromise boundary.

(b) No private individual or entity claiming title to lands along the Missouri River, over which sovereignty is relinquished by this compact, shall be prejudiced by the relinquishment of such sovereignty and any claims or possessory rights necessary to establish adverse possession shall not be terminated or limited by the fact that the jurisdiction over such lands may have been transferred by the compact. Neither state will assert any claim of title to abandoned beds of the Missouri River, lands along the Missouri River, or the bed of the Missouri River based upon any doctrine of state ownership of the beds or abandoned beds of navigable waters, as against any land owners or claimants claiming interest in real estate arising out of titles, muniments of title, or exercises of jurisdiction of or from the other state, which titles or muniments of title commenced prior to the effective date of this compact.

ARTICLE VIII. Readjustment of Boundary by Negotiation

If at any time after the effective date of this compact, the Missouri River shall move or be moved by natural means or otherwise so that the flow thereof at any point along the course forming the boundary between the states occurs entirely within one of the states, each state at the request of the other, agrees to enter into and conduct negotiations in good faith for the purpose of readjusting the boundary at the place or places where such movement occurred consistent with the intent, policy and purpose hereof that the boundary will be placed within the Missouri River.

ARTICLE IX. Effective Date

(a) This compact shall become effective when ratified by the legislature of the state of Nebraska and the legislature of the state of South Dakota and approved by the Congress of the United States.

(b) As of the effective date of this compact, the state of Nebraska and the state of South Dakota shall relinquish sovereignty over the lands described herein and shall assume and accept sovereignty over such lands ceded to them as herein provided.

(c) In the event this compact is not approved by the legislature of each state on or before July, 1990, and approved by the Congress of the United States within three years from the date hereof, this compact shall be inoperative and for all purposes shall be void.

ARTICLE X. Enforcement

Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction, for the protection of any right under this compact or the enforcement of any of its provisions.

Source: SL 1989, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-2-9. Effective date of compact--Notice of ratification.

The compact is not binding or obligatory upon any of the contracting parties unless and until it has been ratified by the legislature of each state and approved by the Congress of the United States. The Governor of South Dakota shall give notice of the ratification and approval of the compact by the South Dakota Legislature to the Governor of the state of Nebraska and to the President of the United States.

Source: SL 1989, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-3 CONGRESSIONAL DISTRICTS

CHAPTER 1-3

CONGRESSIONAL DISTRICTS

1-3-1 State constitutes one district.
1-3-2 Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-3-1. State constitutes one district.

Pursuant to the 1991 congressional reapportionment, the State of South Dakota, in its entirety, constitutes one congressional district.

Source: SDC 1939, § 55.0301; SL 1965, ch 227, § 1; SL 1971, ch 2, § 1; SL 1981, ch 1; SL 1991, ch 1, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-3-2. Repealed by SL 1991, ch 1, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-4 TRIBAL RELATIONS [REPEALED AND TRANSFERRED]

CHAPTER 1-4

TRIBAL RELATIONS [REPEALED AND TRANSFERRED]

1-4-1      Transferred.
1-4-1.1      Repealed.
1-4-2      Superseded.
1-4-2.1, 1-4-3. Repealed.
1-4-4      Transferred.
1-4-5      Repealed.
1-4-6      Repealed.
1-4-7      Repealed.
1-4-8 to 1-4-12. Repealed.
1-4-13      Repealed.
1-4-14 to 1-4-22. Repealed.
1-4-23      Repealed.
1-4-24      Repealed.
1-4-25, 1-4-26. Transferred.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-4-1

1-4-1. Transferred to § 1-54-3 by SL 2011, ch 1 (Ex. Ord. 11-1), § 80, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-4-1.1

1-4-1.1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 81, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-2. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-2.1, 1-4-3. Repealed by SL 1995, ch 320 (Ex Ord 95-4), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-4-4

1-4-4. Transferred to § 1-52-12 by SL 2009, ch 1, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-5. Repealed by SL 1971, ch 23, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-6. Repealed by SL 1982, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-7. Repealed by SL 1995, ch 320 (Ex Ord 95-4), § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-8 to 1-4-12. Repealed by SL 1988, ch 3, §§ 1 to 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-13. Repealed by SL 1989, ch 30, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-14 to 1-4-22. Repealed by SL 1988, ch 4, §§ 1 to 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-23. Repealed by SL 1982, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-4-24. Repealed by SL 1988, ch 4, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-4-25

1-4-25, 1-4-26. Transferred to §§ 1-54-4, 1-54-5 by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 82, 83, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-5

TIME AND DATES

1-5-1 Holidays enumerated.

1-5-1.1 Martin Luther King, Jr. Day established.

1-5-1.2 Native Americans' Day established.

1-5-1.3 South Dakota Statehood Day established.

1-5-2 Business and official acts permitted on holidays.

1-5-3 Past transactions on holidays validated.

1-5-4 Acts performed on day after holiday.

1-5-5 Repealed by SL 2003, ch 5, § 1.

1-5-6 Rejected by referendum.

1-5-8 Little Big Horn Recognition Day.

1-5-9 Wounded Knee Day.

1-5-10 Arbor Day.

1-5-11 Bill of Rights Day.

1-5-12 Joe Foss Day.

1-5-13 POW/MIA Recognition Day.

1-5-14 Purple Heart Recognition Day.

1-5-15 Welcome Home Vietnam Veterans Day.

1-5-16 Day of the American Cowboy.

1-5-17 Peter Norbeck Day.

1-5-18 Medal of Honor Recognition Day.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-1. Holidays enumerated.

The first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King, Jr. Day; the third Monday in February, the anniversary of the birthdays of Lincoln and Washington; the last Monday of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, commonly known as Independence Day; the first Monday in September, commonly known as Labor Day; the second Monday in October, commonly known as Native Americans' Day; the eleventh day of November, known as Veterans' Day; the fourth Thursday in November, commonly known as Thanksgiving Day; and the twenty-fifth day of December, commonly known as Christmas Day; and every day appointed by the President of the United States, or by the Governor of this state for a public fast, thanksgiving, or holiday shall be observed in this state as a legal holiday.

If the first day of January, the nineteenth day of June, the fourth day of July, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a legal holiday and shall be so observed; and if any such day falls upon a Saturday, the preceding Friday is a legal holiday and shall be so observed.

Source: SDC 1939, §§ 65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, § 1; SL 1957, ch 498; SL 1971, ch 4; SL 1972, ch 5; SL 1974, ch 5; SL 1981, ch 2; SL 1983, ch 1, § 1; SL 1986, ch 7; SL 1990, ch 7, § 1; SL 2022, ch 1, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-1.1. Martin Luther King, Jr. Day established.

The third Monday in January, to be known as Martin Luther King, Jr. Day shall be observed in this state as a legal holiday. Martin Luther King, Jr. Day is dedicated to the remembrance of Dr. Martin Luther King, Jr. and to the observance and appreciation of the various ethnic minorities who have contributed so much to the state and nation.

Source: SL 1986, ch 5; SL 1989, ch 5; SL 1990, ch 7, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-1.2. Native Americans' Day established.

The second Monday in October, to be known as Native Americans' Day, shall be observed in this state as a legal holiday. Native Americans' Day is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state.

Source: SL 1990, ch 7, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-1.3. South Dakota Statehood Day established.

The second day of November, to be known as South Dakota Statehood Day, shall be observed in this state as a working holiday. South Dakota Statehood Day is dedicated to the remembrance of the anniversary of South Dakota's admittance into the union on November 2, 1889. This day will be to reflect on the history and the heritage of the state.

Source: SL 2001, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-2. Business and official acts permitted on holidays.

Any public or private business may be transacted or legal process or notices of any kind may be served or published on any of said days or next succeeding days designated herein as holidays, excepting Sundays, provided, that for good cause, a judge in whose court an action has been or is about to be brought, may endorse upon any process or notice permission to serve the same on Sunday, and if so endorsed, service thereof on Sunday shall be valid.

Source: SDC 1939, § 65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, § 1; SL 1957, ch 498.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-3. Past transactions on holidays validated.

Any public or private business heretofore transacted or legal notice published upon any holiday except Sunday is hereby validated and declared to be of the same force and effect as if such business had been transacted or such publication made upon a business or secular day.

Source: SDC 1939, § 65.0301.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-4. Acts performed on day after holiday.

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.

Source: SDC 1939, § 65.0405.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-5. Repealed by SL 2003, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-6, 1-5-7. Rejected by referendum.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-8. Little Big Horn Recognition Day.

The twenty-fifth day of June, to be known as Little Big Horn Recognition Day, shall be observed in this state as a working holiday. Little Big Horn Recognition Day is dedicated to the remembrance and recognition of the battle of Little Big Horn.

Source: SL 1994, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-9. Wounded Knee Day.

The twenty-ninth day of December, to be known as Wounded Knee Day of Reflection, shall be observed in this state as a working holiday. Wounded Knee Day is dedicated to the remembrance of and reflection on the massacre that occurred at Wounded Knee.

Source: SL 1994, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-10. Arbor Day.

The last Friday in April of each year shall be set apart and established as "Arbor Day," or tree planting day, to promote and encourage the planting of trees in South Dakota. On this day and throughout the week, schools, civic organizations, communities, and all citizens and groups are urged to seriously consider the contribution of trees to the beauty and economic welfare of the state. Citizens are further encouraged to plant a tree and to properly care for the trees, shrubs, and other woody plants that provide many benefits to our citizens.

Source: SL 1998, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-11. Bill of Rights Day.

The fifteenth day of December, to be known as Bill of Rights Day, shall be observed in this state as a working holiday. Bill of Rights Day is dedicated to remembrance of and reflection on the ratification of the first ten amendments to the United States Constitution and their significance for all Americans.

Source: SL 1998, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-12. Joe Foss Day.

The seventeenth day of April, to be known as Joe Foss Day, shall be observed in this state as a working holiday. Joe Foss Day is dedicated to the remembrance and recognition of South Dakota's favorite son and war hero, Governor Joe Foss.

Source: SL 2004, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-13. POW/MIA Recognition Day.

The third Friday of September, to be known as POW/MIA Recognition Day, shall be observed in this state as a working holiday. POW/MIA Recognition Day is dedicated to the remembrance and recognition of the sacrifices endured by those members of the Armed Forces of the United States who were held as prisoners of war or remain as missing in action.

Source: SL 2013, ch 1, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-14. Purple Heart Recognition Day.

The seventh day of August, to be known as Purple Heart Recognition Day, shall be observed in this state as a working holiday. Purple Heart Recognition Day is dedicated to the remembrance and recognition of those members of the armed forces of the United States who have earned the Purple Heart Medal for wounds received in combat.

Source: SL 2013, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-15. Welcome Home Vietnam Veterans Day.

The thirtieth day of March, to be known as Welcome Home Vietnam Veterans Day, shall be observed in this state as a working holiday. Welcome Home Vietnam Veterans Day is dedicated to the remembrance and recognition of the service and sacrifice rendered by our nation's veterans of the Vietnam War.

Source: SL 2013, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-16. Day of the American Cowboy.

The fourth Saturday of July shall be known as Day of the American Cowboy. Day of the American Cowboy is dedicated to the protection, preservation, and promotion of the cowboy and Western heritage of the State of South Dakota, and honoring cowboys and cowgirls for their enduring contribution to the courageous, pioneering spirit of America. In keeping with the hard-riding work ethic of cowboys, the Day of the American Cowboy is a working holiday.

Source: SL 2014, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-17. Peter Norbeck Day.

The twenty-seventh day of August, to be known as Peter Norbeck Day, shall be observed in this state as a working holiday. Peter Norbeck Day is dedicated to the remembrance and recognition of South Dakota's first native-born governor and the founder of Custer State Park, Peter Norbeck.

Source: SL 2018, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-5-18. Medal of Honor Recognition Day.

The twenty-fifth day of March, to be known as Medal of Honor Recognition Day, is observed in this state as a working holiday. Medal of Honor Recognition Day is dedicated to the remembrance and recognition of those members of the armed forces of the United States who have received the Medal of Honor.

Source: SL 2024, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-6

STATE EMBLEMS

1-6-1 State seal adopted--Requirements for reproductions--Violations.

1-6-2 Design of seal and coat of arms.

1-6-2.1 Use of seal by state agency.

1-6-3 Preservation of original seal.

1-6-3.1 Use of state seal--Authorization--Violation as misdemeanor.

1-6-3.2 Sale of replica or facsimile--Authorization--Violation as misdemeanor.

1-6-3.3 Use of state seal--Royalty--Exceptions.

1-6-3.4 1-6-3.4. Repealed by SL 2011, ch 3, § 4.

1-6-4 State flag--Description.

1-6-4.1 Official pledge to state flag--Not recited before pledge to United States flag.

1-6-5 Existing flags remain official.

1-6-6 Sale and loan of state flags--Revolving account.

1-6-6.1 Omitted.

1-6-7 State song.

1-6-8 State animal.

1-6-9 State bird.

1-6-10 State floral emblem.

1-6-11 State tree.

1-6-12 State mineral stone and gemstone.

1-6-13 State grass.

1-6-14 State insect.

1-6-15 State fish.

1-6-15.1 State Fishing Museum.

1-6-16 State drink.

1-6-16.1 State fossil.

1-6-16.2 State jewelry.

1-6-16.3 State musical instrument.

1-6-16.4 State soil.

1-6-16.5 State nickname.

1-6-16.6 State Hall of Fame.

1-6-16.7 State dessert.

1-6-16.8 State sport.

1-6-16.9 State bread.

1-6-16.10 State nosh.

1-6-16.11 State indigenous instrument.

1-6-17 Minting and promotion of commemorative medallions, bullion pieces and jewelry--Metals produced out-of-state--Commemorative medallion jewelry.

1-6-18 Use of seal, commemorative medallion design or bullion piece design--Fee.

1-6-19 Distribution, marketing and sales of bullion pieces, commemorative medallions and commemorative medallion jewelry--Manufacture of jewelry for gifts.

1-6-20 Composition of medallions, bullion, and commemorative medallion jewelry.

1-6-21 Production of medallions, bullion, or commemorative medallion jewelry by contracting mints--Violation as misdemeanor.

1-6-22 Annual contests or other arrangements for design of medallions or bullion pieces--Prize--Copyright--Eligibility.

1-6-23 1-6-23. Repealed by SL 2014, ch 5, § 1.

1-6-23.1 1-6-23.1. Repealed by SL 2006, ch 2, § 3.

1-6-24 1-6-24 to 1-6-28. Repealed by SL 2011, ch 2, §§ 1 to 5.

1-6-29 State mining museum.

1-6-30 State Civilian Conservation Corps Museum.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-1. State seal adopted--Requirements for reproductions--Violations.

There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity with the Constitution. The proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than one inch in diameter and used for an official purpose or a for-profit commercial use shall be a representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section and shall include the state motto "Under God The People Rule." These requirements do not infringe upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter.

Source: SL 1961, ch 291, § 1; SL 1987, ch 2, § 1; SL 2018, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-2. Design of seal and coat of arms.

The design of the colored seal of the State of South Dakota shall be as follows: An inner circle, whose diameter shall be five-sevenths of the diameter of the outer circle of any seal produced in conformity herewith; within which inner circle shall appear; in the left foreground on the left bank of a river, a rust-colored smelting furnace from which grey smoke spirals upward and adjacent to which on the left are a rust-colored hoist house and mill, and to the left a grey dump; these three structures being set in a yellow field and above and back of a light green grove on the left bank of the river. In the left background is a series of three ranges of hills, the nearer range being a darker green than the said grove, the intermediate range of a blue-green and the higher range of a blue-black coloration.

In the right foreground is a farmer with black hat, red shirt, navy-blue trousers and black boots, holding a black and silver breaking plow, drawn by a matched team of brown horses with a black harness. In the right background and above the horses in a pasture of grey-green, a herd of rust-colored cattle graze in front of a field of yellow-brown corn, part in shock and part in cut rows to the rear and above which are blue and purple hills forming a low background and receding into the distance. Between the right and left foregrounds and backgrounds is a light-blue river merging in the distance into a sky-blue and cloudless sky. Moving upstream on the river is a white steamboat with a single black funnel from which grey smoke spirals upward. Green shrubbery appears on the near bank of the river, in the left foreground and on the right bank of the river near the pasture is a yellow field. The farmer is turning black-brown furrows which reach across the circle and in his foreground is a field of brown-green-yellow.

Near the upper edge of the inner circle at the top on a golden quarter circle which is one-fifth in width the distance between the innermost and the outermost circles that compose the seal, shall appear in black, the state motto: "Under God the People Rule." This innermost circle is circumscribed by a golden band one-fourth as wide as the above-described quarter circle, which inner border, shall be circumscribed by a deep blue circle four and one-half times as wide as the above quarter circle, on which in golden letters one-third its width, in height, shall appear at the top the words, "State of South Dakota." In the lower half of the deep blue circle shall appear in words of equal height "Great" and "Seal" between which shall be the numerals "1889." Between the above-stated names and on either side shall appear a golden star one-half in size the width of the deep blue circle. Circumscribing this deep blue circle shall be a band of gold of the same width as of the inner golden band.

Outside of this outer golden band shall be a serrated or saw-toothed edge of small triangles whose base shall be of the same width as the above quarter circle.

Source: SL 1961, ch 291, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-2.1. Use of seal by state agency.

Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be used.

Source: SL 2018, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-3. Preservation of original seal.

The original seal as produced by Richard Cropp of Mitchell shall be kept in a container sealed against sunlight and housed in a location to be determined by the secretary of state.

Source: SL 1961, ch 291, § 2; SL 1987, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-3.1. Use of state seal--Authorization--Violation as misdemeanor.

A person may not reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. However, the facsimile of the state seal may be used as an emblem for emblem specialty license plates under chapter 32-5. A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 1; SL 1987, ch 3, § 1; SL 1988, ch 5, § 1; SL 2011, ch 3, § 1; SL 2020, ch 131, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-3.2. Sale of replica or facsimile--Authorization--Violation as misdemeanor.

A person may not sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, without the specific authorization from the secretary of state. However, a facsimile of the state seal may be sold as an emblem for emblem specialty license plates under chapter 32-5. A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 3; SL 1987, ch 3, § 2; SL 1988, ch 5, § 2; SL 2011, ch 3, § 2; SL 2020, ch 131, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-3.3. Use of state seal--Royalty--Exceptions.

The secretary of state shall charge a royalty for the privilege of using the state seal. The secretary of state may not charge a royalty if the state seal is used for an educational purpose or as an emblem under chapter 32-5. All royalty fees collected pursuant to this chapter shall be deposited in the state general fund.

Source: SL 1986, ch 8, § 2; SL 1987, ch 3, § 3; SL 1988, ch 5, § 3; SL 2006, ch 2, § 1; SL 2011, ch 3, § 3; SL 2020, ch 131, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-6-3.4

1-6-3.4. Repealed by SL 2011, ch 3, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-4. State flag--Description.

The state flag or banner shall consist of a field of sky-blue one and two-thirds as long as it is wide. Centered on such field shall be the great seal of South Dakota made in conformity with the terms of the Constitution, which shall be four-ninths the width of the flag in diameter. The seal shall be on a white background with the seal outlined in dark blue or, in the alternative, shall be on a sky-blue background with the seal outlined in dark blue thereon. Surrounding the seal in gold shall be a serrated sun whose extreme width shall be five-ninths the width of the flag. The words "South Dakota" symmetrically arranged to conform to the circle of the sun and seal shall appear in gold letters one-eighteenth the width of the field above the sun and seal and the words "The Mount Rushmore State" in like-sized gold letters and in like arrangement shall appear below the sun and seal. Flags designed of such material as may be provident for outdoor use need have no fringe but flags for indoor and display usage shall have a golden fringe one-eighteenth the width of the flag on the three sides other than the hoist.

Source: SDC 1939, § 55.0108; SL 1939, ch 205; SL 1963, ch 419, § 1; SL 1992, ch 1, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-4.1. Official pledge to state flag--Not recited before pledge to United States flag.

The official pledge to the state flag is:

"I pledge loyalty and support to the flag and State of South Dakota, land of sunshine, land of infinite variety."

However, the pledge to the flag and to the state may not preempt, replace nor be recited before the pledge of allegiance to the flag of the United States.

Source: SL 1987, ch 4, §§ 1, 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-5. Existing flags remain official.

All state flags made in conformity with state law prior to July 1, 1992, shall remain official state flags but the creation of a state flag from and after that date, other than in conformity with § 1-6-4, is prohibited.

Source: SDC 1939, § 55.0108 as added by SL 1963, ch 419, § 1; SL 1992, ch 1, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-6. Sale and loan of state flags--Revolving account.

It shall be the duty of the Bureau of Human Resources and Administration to acquire, by purchase or otherwise, and to keep on hand at all times a sufficient quantity of the South Dakota state flags as specified in § 1-6-4, for distribution, loan, or sale, as it may determine, in order to meet the demand therefor from various public, semipublic and private organizations or persons. All funds from the sale of such flags shall be covered into, and there is hereby created within the state treasury, a revolving account known as the special state flag account, from which payments shall be made by the bureau for the purchase of state flags and their replacements as it may deem sufficient from time to time. Requests for the loan of such state flags shall be filled under such rules and regulations as the bureau may establish.

Source: SL 1963, ch 419, § 2; SL 1966, ch 171; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-6.1. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-7. State song.

The song "Hail! South Dakota" having words and music written by Deecort Hammitt is adopted and established as the official state song of South Dakota. A copy of such composition is on file in the Office of the Secretary of State and the words of which are as follows:

Hail! South Dakota, the best state in the land,

Health, wealth and beauty, that's what makes her grand;

She has her Black Hills, and mines with gold so rare,

And with her scen'ry, no state can compare.

Come where the sun shines, and where life's worth your while,

You won't be here long, 'til you'll wear a smile;

No state's so healthy, and no folk quite so true,

To South Dakota. We all welcome you.

Hail! South Dakota, the state we love the best,

Land of our fathers, builders of the west;

Home of the Badlands, and Rushmore's ageless shrine,

Black Hills and prairies, farmland and sunshine.

(Hills, farms and prairies, blessed with bright sunshine).

Source: SL 1943, ch 268; SDC Supp 1960, § 55.0111.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-8. State animal.

The coyote is hereby designated as the state animal of South Dakota.

Source: SL 1949, ch 242; SDC Supp 1960, § 55.0113.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-9. State bird.

The ring-neck pheasant is hereby designated and adopted as the official state bird of the State of South Dakota.

Source: SL 1943, ch 272; SDC Supp 1960, § 55.0110.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-10. State floral emblem.

The floral emblem of this state shall be the American pasque flower (pulsatilla hirsutissima) with the motto "I Lead."

Source: SDC 1939, § 55.0109.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-11. State tree.

The Black Hills Spruce, Picea Glauca Densata, being a tree native to the State of South Dakota and by its name definitely designating this state as its own and being a tree of noble attributes, is hereby named to be the state tree of South Dakota.

Source: SL 1947, ch 266; SDC Supp 1960, § 55.0112.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-12. State mineral stone and gemstone.

The mineral stone known as the rose quartz is hereby designated as the official state mineral stone of the State of South Dakota, and the Fairburn agate is hereby designated as the official state gemstone of the State of South Dakota.

Source: SL 1966, ch 175.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-13. State grass.

Western wheat grass (agropyron smithii) is hereby designated as the state grass for the State of South Dakota.

Source: SL 1970, ch 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-14. State insect.

The honey bee, Apis Mellifera L, is hereby designated as the official insect of the State of South Dakota.

Source: SL 1978, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-15. State fish.

The walleye, stizostedion vitreum, is the official fish of the State of South Dakota.

Source: SL 1982, ch 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-15.1. State Fishing Museum.

The Museum of Wildlife, Science, and Industry located in the city of Webster is designated as the site of the official State Fishing Museum for the State of South Dakota.

Source: SL 2004, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16. State drink.

Milk, lac vaccum, is hereby designated as the official drink of the State of South Dakota.

Source: SL 1986, ch 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.1. State fossil.

Triceratops is hereby designated as the official fossil of the State of South Dakota.

Source: SL 1988, ch 6; SL 1989, ch 30, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.2. State jewelry.

It having been judicially determined that the name "Black Hills gold" can only be utilized for jewelry manufactured in the Black Hills of South Dakota, Black Hills gold is hereby designated as the official jewelry of the State of South Dakota.

Source: SL 1988, ch 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.3. State musical instrument.

The fiddle is hereby designated as the official state musical instrument of the State of South Dakota.

Source: SL 1989, ch 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.4. State soil.

Houdek soil (fine-loamy, mixed, mesic typic argiustolls) is hereby designated as the official state soil of the State of South Dakota.

Source: SL 1990, ch 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.5. State nickname.

"The Mount Rushmore State" is hereby designated as the official nickname of the State of South Dakota.

Source: SL 1992, ch 1, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.6. State Hall of Fame.

The South Dakota Hall of Fame in Chamberlain is the official Hall of Fame of South Dakota.

Source: SL 1996, ch 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.7. State dessert.

Kuchen is hereby designated as the official state dessert of South Dakota.

Source: SL 2000, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.8. State sport.

Rodeo is hereby designated as the official sport of the State of South Dakota.

Source: SL 2003, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.9. State bread.

Fry bread is hereby designated as the official state bread of South Dakota.

Source: SL 2005, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.10. State nosh.

Chislic is hereby designated as the official nosh of South Dakota.

Source: SL 2018, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-16.11. State indigenous instrument.

The traditional flute is hereby designated as the official state indigenous musical instrument of South Dakota.

Source: SL 2022, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-17. Minting and promotion of commemorative medallions, bullion pieces and jewelry--Metals produced out-of-state--Commemorative medallion jewelry.

The Bureau of Human Resources and Administration may contract or otherwise arrange for the minting and promotion of South Dakota commemorative medallions, bullion pieces, and commemorative medallion jewelry in amounts and sizes it considers appropriate. Commemorative medallions and bullion may be minted in or outside of South Dakota from South Dakota produced gold or silver or nonprecious metals. Commemorative medallions, bullion, and commemorative medallion jewelry may be minted from gold, silver, or nonprecious metals produced outside of South Dakota only in the event that South Dakota producers are unable to supply the required demand and then only for that period of time until South Dakota producers are again able to meet the demand. The bureau may also arrange for the production and marketing of commemorative medallion jewelry made of precious metals.

Source: SL 1986, ch 9, § 1; SL 1987, ch 3, § 4; SL 1988, ch 5, § 4; SL 1996, ch 4, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-18. Use of seal, commemorative medallion design or bullion piece design--Fee.

The Bureau of Human Resources and Administration may authorize the use of the great seal of the State of South Dakota, the commemorative medallion design, or the bullion piece design on commemorative medallions and bullion pieces and shall charge royalty fees for use of the same.

Source: SL 1986, ch 9, § 2; SL 1987, ch 3, § 5; SL 1988, ch 5, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-19. Distribution, marketing and sales of bullion pieces, commemorative medallions and commemorative medallion jewelry--Manufacture of jewelry for gifts.

The Bureau of Human Resources and Administration may sell bullion pieces or contract or otherwise arrange for the manufacture, distribution, marketing, and sales of South Dakota bullion pieces, commemorative medallions, or commemorative medallion jewelry items. The bureau may also arrange for the manufacture of jewelry with the bullion piece design, as requested by the Governor, to be given as gifts for promotional or official state purposes.

Source: SL 1986, ch 9, § 3; SL 1988, ch 5, § 6; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-20. Composition of medallions, bullion, and commemorative medallion jewelry.

Medallions, bullion, and commemorative medallion jewelry shall be made exclusively from South Dakota produced .999 fine gold or silver except as provided in § 1-6-17.

Source: SL 1986, ch 9, § 4; SL 1988, ch 5, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-21. Production of medallions, bullion, or commemorative medallion jewelry by contracting mints--Violation as misdemeanor.

Only mints which have contracted with the Bureau of Human Resources and Administration may produce the medallions, bullion or commemorative medallion jewelry. Any other production of such products is a Class 1 misdemeanor.

Source: SL 1986, ch 9, § 5; SL 1988, ch 5, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-22. Annual contests or other arrangements for design of medallions or bullion pieces--Prize--Copyright--Eligibility.

The bureau may conduct annual contests for or otherwise arrange for the artwork for the state medallions or bullion pieces and may award an annual prize of one thousand dollars for the selected artwork to be paid from dedicated royalty proceeds deposited in the commemorative medallion fund. For any design selected, the State of South Dakota shall retain exclusive rights and shall hold the copyright thereon. Only designs by South Dakota artists are eligible for consideration.

Source: SL 1986, ch 9, § 6; SL 1988, ch 5, § 9; SL 2006, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-6-23

1-6-23. Repealed by SL 2014, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-6-23.1

1-6-23.1. Repealed by SL 2006, ch 2, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-6-24

1-6-24 to 1-6-28. Repealed by SL 2011, ch 2, §§ 1 to 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-29. State mining museum.

The Black Hills Mining Museum in Lead is hereby designated as the official mining museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2014, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-6-30. State Civilian Conservation Corps Museum.

The Civilian Conservation Corps Museum in Hill City is hereby designated as the official Civilian Conservation Corps Museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2016, ch 1, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-7

GOVERNOR

1-7-1 Powers and duties of Governor.

1-7-1.1 Repealed.

1-7-1.2 Annual meeting with forest service representatives.

1-7-2 1-7-2. Repealed by SL 2015, ch 4, § 1.

1-7-3 Repealed by SL 1979, ch 10, § 2.

1-7-4 Powers and duties of acting Governor.

1-7-4.1 Succession to Governorship during vacancy in office of lieutenant governor.

1-7-5 Superseded by § 3-8-2.1.

1-7-5.1 Compensation of lieutenant governor for performance of duties assigned by Governor.

1-7-6 Repealed by SL 2003, ch 272, § 76.

1-7-7 Repealed by SL 1982, ch 16, § 3.

1-7-8 Authorization to allocate certain bonds exempt from federal income taxes.

1-7-9 Submission of nomination from Governor--Financial statement of nominee.

1-7-10 Private activity bond fees fund established.

1-7-11 Repealed by SL 2012, ch 1, §§ 1 to 5.

1-7-16 Use of state or federal armed forces to suppress riot or unlawful assembly.

1-7-17 Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements.

1-7-18 Scope of allocation and reallocation authority.

1-7-19 Repealed by SL 2017, ch 1, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-1. Powers and duties of Governor.

The Governor shall possess the powers and perform the duties entailed by the Constitution and by special provisions throughout this code and among others, but without limiting other prescriptions of the Governor's powers and duties, as follows:

(1) To supervise the official conduct of all executive and ministerial officers;

(2) To see that the laws of the state are faithfully and impartially executed;

(3) To make appointments and fill vacancies in the public offices as required by law;

(4) To be the sole official organ of communication between the government of this state and the government of any other state of the United States;

(5) To issue patents for land as required by law and prescribed by the provisions of this code;

(6) To offer rewards, not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from a state correctional facility or for any person who has committed or is charged with the commission of an offense punishable with imprisonment for life;

(7) To appoint a private secretary and to employ such clerks and stenographers as the Governor deems necessary for the proper discharge of official duties, each of whom shall serve during the pleasure of the Governor and receive such compensation as shall be provided by the Legislature;

(8) To have such other powers and must perform such other duties as are or may be devolved upon the Governor by law.

Source: SDC 1939, § 55.1101; SL 2023, ch 3, § 2; SL 2023, ch 82, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-1.1. Repealed.

Source: SL 1987, ch 7, § 1; SL 2024, ch 19, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-1.2. Annual meeting with forest service representatives.

The Governor or the Governor's designee shall conduct an annual meeting with representatives of the United States Forest Service to discuss forest service land management programs that affect agricultural productivity on leased forest service land.

Source: SL 1987, ch 9; SL 2023, ch 3, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-7-2

1-7-2. Repealed by SL 2015, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-3. Repealed by SL 1979, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-4. Powers and duties of acting Governor.

Every provision of this code relating to the powers and duties of the Governor, and to the acts and duties to be performed by others towards the Governor, extends to the person performing for the time being the duties of Governor.

Source: SDC 1939, § 55.1104; SL 2023, ch 3, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-4.1. Succession to Governorship during vacancy in office of lieutenant governor.

If during a vacancy in the Office of Governor, the office of lieutenant governor shall become vacant through death, resignation, failure to qualify, conviction after impeachment, or permanent disability of the lieutenant governor, the following, in the order hereinafter enumerated, shall succeed to the office and powers of the Governor:

(1) Speaker of the House of Representatives;

(2) President pro-tem of the Senate;

(3) Speaker pro-tem of the House of Representatives

(4) Secretary of state;

(5) Attorney General;

(6) Auditor;

(7) Treasurer;

(8) Commissioner of School and Public Lands;

(9) Chair of the Public Utilities Commission; or

(10) Public Utilities Commissioners in order of seniority.

Source: SL 1973, ch 13, § 1; SL 2004, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-5. Superseded by § 3-8-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-5.1. Compensation of lieutenant governor for performance of duties assigned by Governor.

For performing constitutional duties and duties assigned by the Governor, the lieutenant governor shall receive a salary to be determined by the Governor but not to exceed the amount appropriated by the Legislature and shall be reimbursed for actual expenses associated with public service. Such salary shall be in addition to the salary provided for in § 3-8-2.1. For purposes of this section, representing the Governor shall include, but not be limited to, investigating complaints of citizens regarding any administrative acts of administrative departments.

Source: SL 1978, ch 6, § 1; SL 1985, ch 4; SL 1987, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-6. Repealed by SL 2003, ch 272, § 76.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-7. Repealed by SL 1982, ch 16, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-8. Authorization to allocate certain bonds exempt from federal income taxes.

The Governor shall establish, by executive order, a procedure for the allocation of authority to issue bonds pursuant to any federal legislation which limits the amount of such bonds which may be issued in the State of South Dakota and bear interest exempt from federal income taxes and authorizes the state to establish an allocation procedure. This authority shall specifically include restrictions imposed by Section 103(n) of the Internal Revenue Code of 1954, as amended, and in the event of its passage, Section 145 of the Tax Reform Bill of 1985, H.R. 3838 and any other legislation which imposes similar limits. To the extent permitted by the federal legislation, this section shall override the allocation procedures established in the federal legislation.

Source: SL 1986, ch 12, §§ 1, 1A; SL 1989, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-9. Submission of nomination from Governor--Financial statement of nominee.

Any nomination from the governor, which is required by statute to be confirmed by the Senate, shall be submitted in such a manner as to inform the Senate as to the statutory conditions and requirements of the nomination and the qualifications of the nominee, including residence, occupation or profession, political affiliation, service on any other board or commission, experience and whether the nominee is a registered lobbyist. The nominee shall file a financial interest statement with the Senate which shall include any source of income which contributes either more than ten percent of, or more than two thousand dollars to, the gross income of the nominee or any member of his immediate family, or an enterprise in which such nominee or any member of his immediate family control more than ten percent of the capital or stock.

Source: SL 1987, ch 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-10. Private activity bond fees fund established.

There is hereby established in the state treasury a private activity bond fees fund. Each year, the fees from the private activity bond fees fund shall be transferred to the South Dakota housing opportunity fund. All money in the fund shall be expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the Governor.

Source: SL 1989, ch 8, § 2; SL 1990, ch 9; SL 2002, ch 11, § 1; SL 2018, ch 10, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-11 to 1-7-15. Repealed by SL 2012, ch 1, §§ 1 to 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-16. Use of state or federal armed forces to suppress riot or unlawful assembly.

The Governor, as commander-in-chief of the armed forces of the state, may call out armed forces to suppress any riot or unlawful assembly. If such armed forces are insufficient to suppress the riot or unlawful assembly, the Governor may apply to the military forces of the United States for a force sufficient to suppress such riot or unlawful assembly.

Source: SDC 1939 & Supp 1960, § 34.0204; SDCL, §§ 23-11-3, 23-11-4; SL 1976, ch 158, § 10-7; SDCL § 22-10-13; SL 2005, ch 120, § 351.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-17. Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements.

The Governor shall establish, by executive order, a procedure for the allocation or reallocation of volume or other bond issuance authority, and rights or other benefits associated thereto, in order to facilitate issuance of bonds pursuant to or in satisfaction of requirements under any federal law that limits the amount of such bonds which may be issued in the State of South Dakota in order that the bonds or the issuer of the bonds may qualify for subsidies or other benefits under, or to allow or otherwise facilitate compliance with requirements of, the Internal Revenue Code of 1986, as amended. This authority shall specifically include allocation or reallocation of volume or other bond issuance authority established under The American Recovery and Reinvestment Act of 2009 and any other legislation which creates or establishes other limitations or requirements to be satisfied in order to receive benefits or other subsidies, including interest rate rebates.

Source: SL 2010, ch 4, § 1, eff. Mar. 10, 2010.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-18. Scope of allocation and reallocation authority.

The authority granted by § 1-7-17 only applies to volume or other issuance authority granted directly to the state by federal law or assigned, ceded, or given back to the state by municipalities, counties, or other political subdivisions pursuant to procedures established under the Internal Revenue Code of 1986, as amended, including The American Recovery and Reinvestment Act of 2009.

Source: SL 2010, ch 4, § 2, eff. Mar. 10, 2010.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-7-19. Repealed by SL 2017, ch 1, § 3.

Source: SL 2017, ch 1, §§ 2, 3, eff. Dec. 31, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-8 SECRETARY OF STATE

CHAPTER 1-8

SECRETARY OF STATE

1-8-1      General duties of secretary of state.
1-8-1.1      Administrative functions of boards performed by secretary of state.
1-8-2      Records and great seal in custody of secretary.
1-8-3      Superseded.
1-8-4      Deputy secretary of state--Appointment and oath--Duties.
1-8-4.1      Omitted.
1-8-5      Copies of records to be furnished by secretary of state--Redaction of certain information.
1-8-6      Form of certification by secretary of state--Disposition of fees.
1-8-7      Compliance with chapter required in furnishing copies of documents.
1-8-8      Repealed.
1-8-9      Repealed.
1-8-10      Fees of secretary of state enumerated--Collection.
1-8-11      Fees paid by credit cards.
1-8-12      Fee for expedited services.
1-8-13      Fee for payment returned due to insufficient funds.
1-8-13.1      Fee for certain documents not filed electronically.
1-8-13.2      Convenience fees.
1-8-13.3      Deposit of fees collected by secretary of state.
1-8-14      Secure and interactive website--Document filing as permitted by secretary of state.
1-8-15      Refusal to file certain business documents.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-1. General duties of secretary of state.

It is the duty of the secretary of state:

(1) To file official acts of the Governor to which attestation over the Governor's signature and the great seal is required;

(2) To affix the great seal and the secretary's attestation to all commissions, pardons, and other public instruments to which the signature of the Governor is required except such as relate to school and public lands, and also in attesting and authenticating all certificates, charters, and any and all other documents properly issued by the secretary;

(3) To record in proper books all conveyances made to the state, all appointments and commissions made by the Governor and all official bonds filed in the secretary's office, except bonds of notaries public. All deeds, abstracts of title, and other title papers pertaining to lands owned by the state or by any department or institution of the state, except those under the control of the commissioner of school and public lands, must be filed and preserved in the office of the secretary of state;

(4) To file any document, official oath, official bond, articles of incorporation and amendments thereof, and letters of acceptance which the law requires to be filed in the secretary's office;

(5) To furnish on demand to any person, company, or corporation having paid the lawful fees therefor, a certified copy or copies of all or any part of any law, record, or other instrument kept on file in the secretary's office;

(6) To prepare immediately previous to any regular session of the Legislature, from the proper election returns filed in his office, a roll of all senators elect, and deliver the same to the president of the senate at least thirty minutes before the time fixed by law for the opening of the session; to prepare from such election returns a roll of all the members elected to the house of representatives, and at the time fixed by law to call such members to order and preside until a speaker is elected;

(7) To receipt all fees collected by the secretary under any provision of law, with the date, name of payor, and the nature of the services in each case, which fees so collected by the secretary shall be paid into the state treasury monthly and report thereof made as provided by law;

(8) To cause to be published and distributed a sufficient number of copies of the title, "Elections" for all election officers and to publish and distribute from time to time any amendments made thereto or to the general election laws of this state;

(9) To perform such other duties as are required of the secretary by law.

Source: SDC 1939, § 55.1201; SL 1980, ch 23, § 5; SL 1985, ch 5, § 1; SL 2023, ch 3, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-1.1. Administrative functions of boards performed by secretary of state.

The secretary of state shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following boards:

(1) Board of Finance, created by chapter 4-1.

(2) Board of Canvassers, created by chapter 12-20.

Source: SL 1974, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-2. Records and great seal in custody of secretary.

The secretary of state is charged with the custody of:

(1) All acts and resolutions passed by the Legislature;

(2) The journals of the Legislature;

(3) The great seal of the state;

(4) All books, records, deeds, parchments, maps, and papers required to be kept on deposit in his office pursuant to law;

(5) The enrolled copy of the Constitution.

Source: SDC 1939, § 55.1202.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-3. Superseded by § 3-8-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-4. Deputy secretary of state--Appointment and oath--Duties.

The secretary of state may appoint a deputy secretary of state, whose appointment shall be evidenced by a certificate under the official seal of the state, and continue during his pleasure. The deputy secretary so appointed, before entering upon the duties of his office, shall take and subscribe the usual oath of office required by the Constitution, which appointment and oath shall be filed in the Office of the Secretary of State. In case of the absence or disability of the secretary of state, the deputy secretary of state shall perform the duties required by law of the secretary.

Source: SDC 1939, § 55.1209; SL 1985, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-4.1. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-5. Copies of records to be furnished by secretary of state--Redaction of certain information.

The secretary of state, upon the payment of the applicable fees, shall furnish to any person a certified copy of any document, book, instrument, paper, or law of this state on file in the Office of the Secretary of State. The certified copy shall be a true, correct, and examined copy of the original document, book, instrument, paper, or law. If the certified copy contains a social security or employer identification number which has not been supplied by the person requesting the copy, such number shall be redacted prior to furnishing the certified copy.

Source: SDC 1939, § 55.1205; SL 1959, ch 288; SL 1985, ch 5, § 3; SL 2009, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-6. Form of certification by secretary of state--Disposition of fees.

After such certified copy has been prepared, the secretary of state shall attach thereto a certificate as follows:

STATE OF SOUTH DAKOTA

Department of State

United States of America,

State of South Dakota

Secretary's Office

This is to certify that the attached instrument of writing is a true, correct, and examined copy of __________________ and the whole thereof, and has been carefully compared with the original now on file in this office and found correct.

In testimony whereof, I have hereunto set by hand and affixed the great seal of the state of South Dakota at the city of Pierre, the capital, on this ___ day of ___ 20__.

____________________________

Secretary of State

Fees, $________ ____________________________

Deputy Secretary of State

Such certificate shall be signed by the secretary of state or by his deputy, and shall contain on its face a statement of the fees received therefor. It shall be the duty of the secretary of state to pay over to the state treasurer the fees received for making the copy of the document, book, instrument, paper, or law to which such certificate is to be attached.

Source: SDC 1939, § 55.1205; SL 1959, ch 288; SL 1985, ch 5, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-7. Compliance with chapter required in furnishing copies of documents.

No certified or exemplified copy of any document, book, instrument, paper, or law, on file in the Office of the Secretary of State, shall be furnished to any person except as in this chapter provided.

Source: SDC 1939, § 55.1206.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-8. Repealed by SL 1985, ch 5, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-9. Repealed by SL 1980, ch 24, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-10. Fees of secretary of state enumerated--Collection.

The secretary of state shall charge the following fees for services performed in the Office of the Secretary of State and shall collect the fees in advance:

(1) For making a copy or transcript of any record, instrument, or paper on file in the office, two dollars per page;

(2) For filing and safekeeping of any instrument or paper required by law to be filed, ten dollars; except the oath of office of members of the Legislature and legislative officers, employees and governmental officers, employees and agencies, no fee;

(3) For each commission, requisition, passport, or other document, signed by the Governor and attested by the secretary of state, under the great seal of the state, except commissions issued for executive appointment and extraditions, and making the proper record for the same, five dollars;

(4) For filing the application, bond, and issuing commission of a notary public, thirty dollars;

(5) For official certificate, attestation, and impression of the great seal, twenty-five dollars;

(6) For filing or recording any other instrument or document, ten dollars;

(7) For a certified copy of any document, instrument, or paper on file in the office, two dollars per page and fifteen dollars for the certificate and affixing the seal; and

(8) If the document is a petition and the request is for an electronic file the following fees shall be:

(a) Nominating petition for a legislative candidate or special district candidate, fifteen dollars;

(b) Nominating petition for a statewide candidate, fifty dollars;

(d) Petitions for new party formation, fifty dollars.

Source: SDC 1939, § 55.1208; SL 1959, ch 289; SL 1967, ch 250; SL 1976, ch 4, § 1; SL 1981, ch 5; SL 1985, ch 5, § 6; SL 1993, ch 8; SL 1997, ch 141, § 5; SL 2003, ch 8, § 1; SL 2009, ch 4, § 1; SL 2016, ch 2, § 8; SL 2017, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-11. Fees paid by credit cards.

The secretary of state may accept credit cards for the payment of fees.

Source: SL 1993, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-12. Fee for expedited services.

The secretary of state shall charge a fee of fifty dollars for any expedited service. Expedited service is defined as completion sooner than the normal course of business upon request. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

Source: SL 1993, ch 7, § 2; SL 2003, ch 8, § 2; SL 2009, ch 4, § 2; SL 2016, ch 2, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-13. Fee for payment returned due to insufficient funds.

The Office of the Secretary of State may collect a fee for any payment made to the office and returned due to insufficient funds as provided for in § 57A-3-421. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

Source: SL 2012, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-13.1. Fee for certain documents not filed electronically.

If a document, statement, or report is filed in the Office of the Secretary of State pursuant to §§ 47-1A-122, 47-28-6, 47-34A-212, 48-7-206.1, and 48-7A-1208 and the document, statement, or report is not filed electronically, but is able to be filed electronically and is allowed to be filed electronically, an additional fee of fifteen dollars shall be collected. The fee collected pursuant to this section shall be deposited in the general fund.

Source: SL 2016, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-13.2. Convenience fees.

The secretary of state may promulgate rules, pursuant to chapter 1-26, to establish a convenience fee. A convenience fee means a fee charged for the privilege of being able to file by paper or pay a fee by credit card, charge card, debit card, e-checks, or other form of electronic payment. The maximum fee that may be charged for the privilege of being able to file by paper is twenty dollars per filing. The maximum fee that may be charged for payment by credit card, charge card, debit card, e-checks, or other form of electronic payment shall be three percent of the transaction amount.

Source: SL 2016, ch 2, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-13.3. Deposit of fees collected by secretary of state.

All fees collected by the secretary of state that are not specifically dedicated to the financing and annual report filing fee fund or for administering the concealed carry program pursuant to § 23-7-53 or for administering any concealed carry programs enacted by the Legislature after 2015, shall be deposited in the state general fund.

Source: SL 2016, ch 2, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-14. Secure and interactive website--Document filing as permitted by secretary of state.

The secretary of state may establish and maintain a secure and interactive website where all documents required to be filed with or maintained by the Office of the Secretary of State may be filed, processed, and obtained by interested parties. Any document required to be filed shall be filed in a medium permitted by the secretary of state. The secretary of state shall promulgate rules, pursuant to chapter 1-26, to establish the procedure and methodology for filing documents.

Source: SL 2012, ch 3, § 1; SL 2017, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-8-15. Refusal to file certain business documents.

The Office of the Secretary of State may refuse to file any document for any business entity whether domestic or foreign, for profit or nonprofit, as provided in title 47, title 48, chapter 37-6, or chapter 37-11 if the document contains any letter combination that carries connotations offensive to good taste and decency, or consists of immoral, deceptive, or scandalous material.

Source: SL 2016, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-9 STATE AUDITOR

CHAPTER 1-9

STATE AUDITOR

1-9-1      Annual report of auditor--Contents--Publication.
1-9-2      Superseded.
1-9-3      Deputy auditor and employees--Appointment and bonds.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-9-1. Annual report of auditor--Contents--Publication.

The state auditor shall make an annual report to the Governor.

(1) Such report shall fully disclose as shown by the records of the state auditor, the balance in each fund at the close of the preceding fiscal year, all receipts and transfers affecting each fund, expenditures from each fund, the total amount of warrants redeemed and returned to him by the state treasurer, the total amount of outstanding warrants, and the balance in each fund at the close of the fiscal year reported;

(2) Such report shall further show the appropriation to all of the offices, departments, boards, and institutions at the beginning of the fiscal year reported; expenditures and transfers from each appropriation, the unexpended balance of each appropriation, and the amounts reverting from such appropriation at the close of the fiscal year reported;

(3) The report shall contain such tables, comparisons, and recapitulations as deemed necessary to present a true and clear concept of the state's financial condition;

(4) The report may contain comments, and recommendations concerning state finances; and

(5) This report may be combined in a single volume with the report required of the state treasurer by the provisions of § 1-10-2.

Source: SDC 1939, § 55.1309; SL 1939, ch 206; SL 1957, ch 283; SL 1980, ch 23, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-9-2. Superseded by § 3-8-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-9-3. Deputy auditor and employees--Appointment and bonds.

The state auditor is authorized to appoint a deputy, for whose acts as such he shall be responsible, and such other employees and require them to furnish bonds in a penal sum no greater than one-half the penal sum of his own bond whenever necessary for the proper administration of his office.

Source: SDC 1939, § 55.1310; SL 1955, ch 238.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-10 STATE TREASURER

CHAPTER 1-10

STATE TREASURER

1-10-1      General duties of treasurer.
1-10-2      Annual report to Governor--Contents.
1-10-3      Superseded.
1-10-4      Deputy state treasurer.
1-10-5      Teen court grant program established--Purpose.
1-10-6      Teen court grant program fund established.
1-10-7      Award of grants.
1-10-8      Procedures for obtaining grants to be publicized .
1-10-9      Annual report.
1-10-10      Indemnity provisions in bank contracts.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-1. General duties of treasurer.

The state treasurer shall have charge of and safely keep all public moneys which shall be paid into the state treasury, and pay out the same as directed by law, and perform such other duties as are required of him by law.

Source: SDC 1939, § 55.1401.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-2. Annual report to Governor--Contents.

The state treasurer shall make an annual report to the Governor. Such report shall fully disclose the transactions of the treasurer's office, the condition of the various funds and the state indebtedness. It shall show a full and true exhibit of the state of the public accounts and funds as contemplated by section 12, article XI, of the State Constitution, the amount by him received, the amount paid out during the preceding fiscal year ended on the thirtieth day of June, and the balance remaining in the treasury.

Source: SDC 1939, § 55.1407; SL 1980, ch 23, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-3. Superseded by § 3-8-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-4. Deputy state treasurer.

The state treasurer is authorized to appoint a deputy, for whose acts as such he shall be responsible.

Source: SDC 1939, § 55.1409.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-5. Teen court grant program established--Purpose.

The teen court grant program is hereby established in the Office of the State Treasurer. The purpose of the grant program is to support the development, growth, quality, and continuation of teen court programs in South Dakota through grants awarded by the South Dakota Teen Court Association.

Source: SL 2007, ch 3, § 1, eff. Mar. 16, 2007.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-6. Teen court grant program fund established.

There is hereby established in the state treasury the teen court grant program fund to be administered by the Office of the State Treasurer. Money shall enter the fund through contributions, grants, transfers, settlement funds, interest received on moneys in the fund, and any other moneys collected for the purposes of §§ 1-10-5 to 1-10-9, inclusive. The state treasurer shall distribute the fund balance quarterly to the South Dakota Teen Court Association for the purpose of administering and funding the grant program.

Source: SL 2007, ch 3, § 2, eff. Mar. 16, 2007.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-7. Award of grants.

The South Dakota Teen Court Association shall award grants to entities within the State of South Dakota that are recognized by the National Youth Court Association. The awards shall be to support the development, growth, quality, and continuation of teen court programs in South Dakota.

Source: SL 2007, ch 3, § 3, eff. Mar. 16, 2007.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-8. Procedures for obtaining grants to be publicized.

The association shall award grants as provided in §§ 1-10-5 to 1-10-9, inclusive, and publicize the availability of and procedures for obtaining such grants.

Source: SL 2007, ch 3, § 4, eff. Mar. 16, 2007.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-9. Annual report.

The Teen Court Association shall submit an annual report to the state treasurer not later than October first of each year. The annual report shall detail the name and location of organizations receiving grant awards. The report shall also contain the amount and duration of such awards, their purpose, and the administrative costs associated with such awards.

Source: SL 2007, ch 3, § 5, eff. Mar. 16, 2007.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-10-10. Indemnity provisions in bank contracts.

The state treasurer is authorized to include indemnity provisions in contracts with banks regarding the establishment and maintenance of accounts for the provision of payment processing.

Source: SL 2019, ch 25, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-11

ATTORNEY GENERAL

1-11-1 General duties of attorney general.

1-11-1.1 License required--Full-time--Private practice.

1-11-2 Superseded by § 3-8-2.1.

1-11-3 Traveling expenses.

1-11-4 Assistant attorneys general--Appointment and compensation--Powers--Oath.

1-11-4.1 Division of Consumer Affairs created--Appointment of director.

1-11-4.2 Consumer and commercial affairs functions of attorney general.

1-11-5 Special assistants--Appointment and powers.

1-11-6 Register of actions prosecuted and defended--Proper books.

1-11-6.1 Antitrust special revenue fund created--Receipts.

1-11-6.2 Release of funds in special revenue fund.

1-11-6.3 Deposits into and disbursements from special revenue fund.

1-11-7 Investigations by attorney general--Authority and duty.

1-11-8 Request for Governor's consent to investigation--Denial.

1-11-9 Record of investigation.

1-11-10 Powers of attorney general in investigations.

1-11-11 Expense of investigations.

1-11-12 Annual report to Governor.

1-11-13 Costs of providing information--Reimbursement of attorney general.

1-11-14 Action for recovery on behalf of state--Consolidation of related cause of governmental entity.

1-11-15 Consolidation of legal services in state government.

1-11-16 Office of Internet Crimes Investigation transferred.

1-11-17 Statewide 24/7 sobriety program established.

1-11-18 Establishment of 24/7 sobriety fund.

1-11-19 Participation in 24/7 sobriety program--Testing locations and times.

1-11-20 Program participation as condition of bond or pre-trial release.

1-11-21 Program participation as condition of suspended sentence or probation.

1-11-22 Program participation as condition of child placement or return.

1-11-23 Program participation as condition of parole.

1-11-24 Promulgation of rules.

1-11-25 Distribution of 24/7 sobriety program fees.

1-11-25.1 Remittance of fees collected for 24/7 sobriety fund.

1-11-26 Fee for twice-a-day testing.

1-11-27 Fee for urinalysis testing.

1-11-28 Fee for drug patch.

1-11-29 Fee for electronic alcohol monitoring device or mobile breath alcohol testing.

1-11-30 Fee for ignition interlock device.

1-11-31 Time for payment of fees.

1-11-31.1 Sanctions for failure to pay fees for electronic alcohol monitoring device, ignition interlock device, or mobile breath alcohol testing.

1-11-32 24/7 sobriety program participation fee.

1-11-33 Annual review of 24/7 sobriety program fees and collection procedures.

1-11-34 Insurance Fraud Prevention Unit transferred.

1-11-35 Repealed.

1-11-36 Internet crimes investigation fund.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-1. General duties of attorney general.

It is the duty of the attorney general:

(1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party;

(2) When requested by the Governor or either branch of the Legislature, or whenever, in the judgment of the attorney general, the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested;

(3) To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested;

(4) To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments;

(5) To consult with, advise, and exercise supervision over the several state's attorneys of the state in matters pertaining to the duties of their office, and the attorney general shall be authorized and it is made the duty of the office, whenever in the attorney general's judgment any opinion written by the attorney general will be of general interest and value, to mail either written or printed copies of such opinion to the auditor-general and to every state's attorney and county auditor in the state;

(6) When requested, to give an opinion in writing, without fee, upon all questions of law submitted to the attorney general by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer;

(7) When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state;

(8) To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of the office;

(9) To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with the office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state;

(10) To pay into the state treasury all moneys received by the attorney general, belonging to the state, immediately upon the receipt thereof;

(11) To prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections; and

(12) To attend to and perform any other duties which may from time to time be required by law.

Source: SDC 1939, § 55.1501; SL 2024, ch 94, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-1.1. License required--Full-time--Private practice.

The attorney general shall be licensed to practice law in South Dakota under § 16-16-1. The attorney general shall serve on a full-time basis and may not actively engage in the private practice of law.

Source: SDC 1939, § 55.1501 as added by SL 1968, ch 202, § 1; SL 2021, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-2. Superseded by § 3-8-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-3. Traveling expenses.

There shall be paid to the attorney general all his necessary traveling expenses including food and lodging incurred while journeying in the performance of the duties of his office, to be paid upon an itemized statement verified by oath.

Source: SDC 1939, § 55.1507; SL 1947, ch 242, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-4. Assistant attorneys general--Appointment and compensation--Powers--Oath.

The attorney general may appoint such assistant attorneys general as may be necessary for efficient performance of his duties and may fix their compensation but no expenditure for any such purposes in excess of the amounts appropriated by the Legislature is authorized. The appointments of such assistants shall be in writing and filed in the Office of the Secretary of State.

Such assistant attorney general shall have the same power and authority as the attorney general, and he shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the Constitution.

Source: SDC 1939, § 55.1502; SL 1963, ch 305.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-4.1. Division of Consumer Affairs created--Appointment of director.

There is created in the Office of the Attorney General a Division of Consumer Affairs. The director of the Division of Consumer Affairs shall be appointed by the attorney general.

Source: SL 1979, ch 5, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-4.2. Consumer and commercial affairs functions of attorney general.

The Office of the Attorney General shall perform the functions of the former Division of Consumer Protection of the former Department of Commerce and Consumer Affairs relating to consumer affairs, chapter 37-23, and deceptive trade practices and consumer protection, chapter 37-24 and of the Division of Commercial Inspection and Licensing of the Department of Public Safety relating to peddlers and solicitors, chapter 37-13, and buying clubs, chapter 37-26.

Source: SL 1979, ch 5, § 1; SL 1984, ch 3; SL 1985, ch 15, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 121, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-5. Special assistants--Appointment and powers.

The attorney general is also authorized to appoint assistant attorneys general as he may deem necessary on a part-time basis for special assignments. The attorney general shall fix their compensation and the expenditures for such appointments may be made from whatever appropriation or source that may be made available to the attorney general. The appointment of such assistants shall be in writing and filed in the Office of the Secretary of State. Such assistant attorneys general shall have the power and authority specifically delegated to them by the attorney general in writing. Such assistant attorney general shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the Constitution.

Source: SDC 1939, § 55.1502 as added by SL 1963, ch 305.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-6. Register of actions prosecuted and defended--Proper books.

The attorney general shall keep in proper books, to be provided for that purpose at the expense of the state, a register of all actions and demands prosecuted and defended by him in behalf of the state, and of all proceedings had in relation thereto, and shall deliver the same to his successor in office.

The term "proper books" as used in this section means electronic records, including data processing files and computer disks, microfilm, microfiche, and any other method designed for long-term retention of records.

Source: SDC 1939, § 55.1505; SL 1987, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-6.1. Antitrust special revenue fund created--Receipts.

There is hereby created in the state treasury a continuous "antitrust special revenue fund." This fund may receive funds paid to the State of South Dakota as a result of judgments or settlements of antitrust lawsuits.

Source: SL 1971, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-6.2. Release of funds in special revenue fund.

When it is legally established that South Dakota or agencies thereof, lesser governmental subdivisions or individuals have a right to a portion of funds in the antitrust special revenue fund, the attorney general is authorized to approve release of such funds to the appropriate fund, entity or recipient.

Source: SL 1971, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-6.3. Deposits into and disbursements from special revenue fund.

The attorney general is hereby authorized to make deposits into and disbursements from said fund, pursuant to order of a court, on vouchers approved by him.

Source: SL 1971, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-7. Investigations by attorney general--Authority and duty.

Either branch of the state Legislature may by its separate resolution, or the Legislature may by a concurrent resolution of both branches, or the Governor may by an executive order filed in the office of the secretary of state, direct the attorney general to investigate, or the attorney general may upon his own relation with consent of the Governor, investigate any office, department, bureau, board, commission, institution, or any other component part of the state government, or any particular transaction which may require investigation. Upon delivery to him of a copy of such resolution or order certified by the secretary of state or by the presiding officer and secretary or chief clerk of either branch of the Legislature, it shall be the duty of the attorney general to make the investigation and any required report or reports thereof, and to take such further action as may be required.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-8. Request for Governor's consent to investigation--Denial.

Whenever the attorney general, upon the attorney general's own relation, commences an investigation, the attorney general shall obtain the consent of the Governor by attaching to the record provided in § 1-11-9 a written request for the consent. A copy of the record and request must be provided to the Governor for the Governor's file and the Governor shall acknowledge receipt of the request in writing on the original, which the attorney general shall retain. The request must state in general terms the reasons for the request, and, if denied, the denial must be in writing and contain a statement in general terms of the reasons for the denial.

Source: SDC 1939, § 55.1508 as added by SL 1964, ch 153; SL 2023, ch 3, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-9. Record of investigation.

Whenever an investigation is directed by the Legislature or either branch thereof, or ordered by the Governor, or whenever an investigation is commenced by the attorney general, upon his own relation with the consent of the Governor, a record of the same shall be kept by the attorney general entitled:

In the matter of the investigation of the ___ (naming the matter being investigated) pursuant to ___ resolution number ___ (describing the resolution), or the order of the Governor, or the attorney general's own relation with the consent of the Governor.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-10. Powers of attorney general in investigations.

Under such resolution or order of the Governor, or the attorney general's own relation with consent of the Governor, the attorney general and his assistants, agents, and employees shall have access to any and all books, blanks, reports, correspondence, records, property, office documents, and materials and equipment of the office, department, bureau, board, commission, or any other component part of the state government or any branch, arm, or agency of the government, or any transaction, being investigated. When acting under any such resolution, or his own relation with the consent of the Governor, or order of the Governor, the attorney general or his assistants shall have the power to administer oaths, examine witnesses under oath and make a record of the testimony. He shall have authority to issue subpoenas for witnesses and for books, blanks, reports, correspondence, records, documents, and exhibits and such witnesses may be subpoenaed from any part of the state to Pierre, South Dakota, or to any other point in the state from distances not exceeding one hundred miles. Such witnesses shall be allowed the same per diem and mileage, as witnesses in the circuit court. Any witness refusing to obey such subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said subpoena, may be certified to the nearest circuit court to the point where the subpoena requires appearance, and the said circuit court may then enforce obedience to said subpoena by order, the disobedience of which shall be treated the same as a contempt of said court.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-11. Expense of investigations.

The attorney general is hereby authorized to expend any moneys or appropriations made available to the attorney general's office, for the purpose of making investigations authorized by § 1-11-7.

Source: SDC 1939, § 55.1508 as added by SL 1964, ch 153.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-12. Annual report to Governor.

The attorney general shall make a report to the Governor in each year, showing the business transacted in his office.

Source: SDC 1939, § 55.1506; SL 1980, ch 23, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-13. Costs of providing information--Reimbursement of attorney general.

The attorney general may require persons requesting information to reimburse him for the actual costs of providing such information, other than proposed rules. The reimbursable costs include, but are not limited to, the cost of published documents, clerical time, and document reproduction.

Source: SL 1982, ch. 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-14. Action for recovery on behalf of state--Consolidation of related cause of governmental entity.

If the Governor directs the attorney general to commence legal action seeking any recovery on behalf of the state, the governing body of any governmental entity exercising any part of the state's sovereign power, upon request of the attorney general, within thirty days of the request, may, in the discretion of the governing body, assign any cause of action related to the state's action to the state for consolidation with the state's action. In addition the subdivision or other governmental entity shall cooperate by providing any evidence or testimony the attorney general may require to maintain the action.

Source: SL 1988, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-15. Consolidation of legal services in state government.

Except for legal services performed by a deputy or assistant attorney general employed by the state, any legal services performed for the state or any branch, department, agency, institution, board, commission, or other entity of state government shall be performed pursuant to a written contract. All contracts for legal services shall be filed with the attorney general. The provisions of this section do not apply to any attorney employed by the Unified Judicial System, the Legislative Research Council, or the judicial or legislative branches of the state.

Source: SL 1994, ch 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-16. Office of Internet Crimes Investigation transferred.

The Office of Internet Crimes Investigation, Bureau of Information and Telecommunication and its functions are transferred to the Office of the Attorney General, Division of Criminal Investigation. The Attorney General of the State of South Dakota shall perform the functions of the Commissioner of Information and Telecommunications, relating to the Office of Internet Crimes Investigation.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 75.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-17. Statewide 24/7 sobriety program established.

There is hereby established a statewide 24/7 sobriety program to be administered by the Office of the Attorney General. The program shall coordinate efforts among various state and local government entities for the purpose of finding and implementing alternatives to incarceration for certain offenses that involve driving under the influence and other offenses involving alcohol, marijuana, or controlled substances.

Source: SL 2007, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-18. Establishment of 24/7 sobriety fund.

There is hereby established in the state treasury the 24/7 sobriety fund. The fund shall be maintained and administered by the Office of the Attorney General to defray costs of operating the 24/7 sobriety program, including purchasing and maintaining equipment and funding support services. The Office of the Attorney General may accept for deposit in the fund money from donations, gifts, grants, participation fees, and user fees or payments. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.

Source: SL 2007, ch 4, § 2; SL 2011, ch 4, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-19. Participation in 24/7 sobriety program--Testing locations and times.

Each county, through the county sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice-a-day testing is ordered, the sheriff, or designated entity, shall establish the testing locations and times for each county with at least one location and two daily testing times approximately twelve hours apart.

The Department of Corrections may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing and mobile breath alcohol testing of a parolee.

The Unified Judicial System may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing and mobile breath alcohol testing of a person placed under its supervision.

Source: SL 2007, ch 4, § 3; SL 2008, ch 5, § 1; SL 2017, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-20. Program participation as condition of bond or pre-trial release.

The court may condition any bond or pre-trial release upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-21. Program participation as condition of suspended sentence or probation.

The court may condition the granting of a suspended imposition of sentence, suspended execution of sentence, or probation upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-22. Program participation as condition of child placement or return.

During any stage of a proceeding under chapter 26-8A, the court may condition the placement or return of an apparent, alleged, or adjudicated abused or neglected child on participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 6; SL 2008, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-23. Program participation as condition of parole.

The Board of Pardons and Paroles, the Department of Corrections, or any parole agent may condition parole upon participation in the 24/7 sobriety program and payment of associated cost and expense.

Source: SL 2007, ch 4, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-24. Promulgation of rules.

The Office of the Attorney General, pursuant to chapter 1-26, may promulgate rules for the administration of §§ 1-11-17 to 1-11-25, inclusive, to:

(1) Regulate the nature, method, and manner of testing;

(2) Provide for procedures and apparatus for testing including electronic monitoring devices, ignition interlock devices, and mobile breath alcohol testing devices; and

(3) Require the submission of reports and information by law enforcement agencies within this state.

Source: SL 2007, ch 4, § 8; SL 2011, ch 4, § 4; SL 2017, ch 3, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-25. Distribution of 24/7 sobriety program fees.

Any fees collected under §§ 1-11-17 to 1-11-25, inclusive, shall be distributed as follows:

(1) Any daily user fee collected in the administration of twice-a-day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

(2) Any installation fee and deactivation fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

(3) Any daily user fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing, arising from a court ordered placement in the 24/7 sobriety program, shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be collected and deposited as provided in the written directive;

(4) The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee for the administration of electronic alcohol monitoring device testing and mobile breath alcohol testing. These fees shall be deposited into the state general fund;

(5) Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance; and

(6) Any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of the Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18.

Source: SL 2007, ch 4, § 9; SL 2008, ch 5, § 2; SL 2010, ch 5, § 1; SL 2011, ch 4, § 2; SL 2014, ch 6, § 1; SL 2017, ch 3, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-25.1. Remittance of fees collected for 24/7 sobriety fund.

All fees collected for deposit in the state 24/7 sobriety fund created by § 1-11-18 shall be remitted on at least a quarterly basis.

Source: SL 2014, ch 6, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-26. Fee for twice-a-day testing.

A participant submitting to twice-a-day testing shall pay a user fee of not more than three dollars for each test.

Source: SL 2011, ch 4, § 5; SL 2014, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-27. Fee for urinalysis testing.

A participant submitting to urinalysis testing shall pay a user fee of not more than ten dollars for each test. If further analysis of the sample is required or requested, the participant is responsible for payment of the actual costs incurred by the participating agency for the analysis of the sample.

Source: SL 2011, ch 4, § 6; SL 2014, ch 6, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-28. Fee for drug patch.

A participant submitting to wear a drug patch shall pay a user fee of not more than seventy dollars for each drug patch attached.

Source: SL 2011, ch 4, § 7; SL 2014, ch 6, § 4; SL 2024, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-29. Fee for electronic alcohol monitoring device or mobile breath alcohol testing.

A participant submitting to the wearing of the electronic alcohol monitoring device or the use of a mobile breath alcohol testing shall pay a user fee of not more than ten dollars per day.

The participant shall also pay an installation fee and a deactivation fee, in the amount of not more than fifty dollars each.

The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device or mobile breath alcohol testing device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing or mobile breath alcohol testing.

Source: SL 2011, ch 4, § 8; SL 2014, ch 6, § 5; SL 2017, ch 3, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-30. Fee for ignition interlock device.

A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participant.

In addition, the participant shall pay an enrollment fee in the amount of not more than fifty dollars at the time of enrollment and monitoring fees in the amount of not more than twenty dollars at intervals to be set by the attorney general.

The participant is also financially responsible for the actual replacement cost for loss or breakage of the ignition interlock device and all associated equipment provided to the participant that is necessary to conduct ignition interlock device testing.

Source: SL 2011, ch 4, § 9; SL 2014, ch 6, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-31. Time for payment of fees.

A participant shall pay all electronic alcohol monitoring device or mobile breath alcohol testing device fees in advance or at the same time the device is activated. All other applicable fees shall be paid in advance or at the time of testing.

Source: SL 2011, ch 4, § 10; SL 2017, ch 3, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-31.1. Sanctions for failure to pay fees for electronic alcohol monitoring device, ignition interlock device, or mobile breath alcohol testing.

A sheriff, an entity designated by a sheriff, or a directing entity may, in addition to any other authorized sanction, remove a participant from electronic alcohol monitoring device testing, ignition interlock device testing, or mobile breath alcohol testing and place the participant on twice-a-day testing if the participant fails to pay the required fees and costs for testing.

Source: SL 2014, ch 6, § 12; SL 2017, ch 3, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-32. 24/7 sobriety program participation fee.

Each participant in the 24/7 sobriety program shall pay a participation fee of not more than three dollars per day.

Source: SL 2011, ch 4, § 11; SL 2014, ch 6, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-33. Annual review of 24/7 sobriety program fees and collection procedures.

The attorney general shall meet annually with participating agencies to review fees and collection procedures for the 24/7 sobriety program. The attorney general shall set and give notice of the time and place for the meeting. The attorney general shall set, by rules promulgated pursuant to chapter 1-26, the annual fees within the range established by this chapter.

Source: SL 2011, ch 4, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-34. Insurance Fraud Prevention Unit transferred.

The Insurance Fraud Prevention Unit created by chapter 58-4A and its functions in the former Department of Revenue and Regulation are transferred to the attorney general except for the Division's assessment authority set out in § 58-4A-14 which shall remain with the Division of Insurance. The attorney general shall perform the functions of the former secretary of revenue and regulation, relating to the Insurance Fraud Prevention Unit.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 40, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-35. Repealed.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 79, eff. April 12, 2011; SL 2020, ch 178, § 3, eff. Mar. 9, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-11-36. Internet crimes investigation fund.

There is hereby established in the state treasury the internet crimes investigation fund. The fund consists of all fees imposed pursuant to § 23A-27-25.9. The attorney general shall maintain and administer the fund. Interest on moneys credited to the fund must be deposited in the fund. Expenditures out of the fund must be appropriated through the General Appropriations Act. Expenditures from the fund must be used for operational expenses including computer hardware, software licensing, and training for the office of internet crimes investigation, established in § 1-11-16, and the internet crimes against children unit.

Source: SL 2024, ch 92, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-12 STATE CONSTABULARY

CHAPTER 1-12

STATE CONSTABULARY

1-12-1      Constabulary created--Composition--Powers and duties.
1-12-2      Call of constabulary to active service--Powers.
1-12-3      Expenses of constabulary in active service.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-12-1. Constabulary created--Composition--Powers and duties.

There is hereby created a State Constabulary which shall consist of the agents of the Division of Criminal Investigation of the attorney general's office, the agents of the Division of the Highway Patrol, the state conservation officers, the sheriffs, deputy sheriffs, and constables of the several counties of this state, and the police officers, constables, and marshals of the several municipalities within the state. Such State Constabulary, and its personnel, when convoked as hereinafter provided, shall, and is hereby empowered, to perform all of the duties and they shall have the same powers, now devolving upon the agents of the Division of Criminal Investigation of the attorney general's office, and in addition thereto shall have such powers and perform such duties, as may be necessary to preserve and protect the peace, security, safety, and welfare of the state and the people thereof.

Source: SL 1943, ch 273, § 1; SDC Supp 1960, § 55.16A01; SL 1992, ch 60, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-12-2. Call of constabulary to active service--Powers.

The attorney general, whenever in his judgment necessity shall exist therefor, may with the approval of the Governor, call into active service any or all of such persons constituting such state constabulary, for any or all purposes contemplated by this chapter. When so called into active service, such persons shall be and remain subject to the exclusive direction, order and control of the attorney general, until by him relieved therefrom; and such persons when so ordered into active service, shall be vested with, and there is hereby conferred upon such persons, all of the powers and authority of a peace officer within this state, and such powers and authority may be exercised by them any place within this state.

Source: SL 1943, ch 273, § 2; SDC Supp 1960, § 55.16A02.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-12-3. Expenses of constabulary in active service.

Such persons while in active service under the provisions of this chapter, shall receive no additional compensation, but shall be paid their actual and necessary expenses with funds made available for such purpose, to be paid by warrant of the state auditor, upon verified vouchers approved by the attorney general.

Source: SL 1943, ch 273, § 3; SDC Supp 1960, § 55.16A03.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-13 STATE COMMUNICATIONS SYSTEM

CHAPTER 1-13

STATE COMMUNICATIONS SYSTEM

1-13-1      Bureau of Information and Telecommunication to operate state communications system--Department of Public Safety to operate law enforcement telecommunications system.
1-13-1.1      Functions of State Radio Communications transferred to Bureau of Information and Telecommunications.
1-13-2      Towers, repeater stations, and subheadquarters authorized.
1-13-3      Employment of personnel and equipment--Maintenance and operating costs.
1-13-4      Radio communications fund as continuing fund.
1-13-5      Federal funds--Acceptance and use.
1-13-6      Local law enforcement officers to be furnished receiving sets.
1-13-7      Officers with receiving sets to report to bureau.
1-13-8      Dispatches and reports to be broadcast.
1-13-9      Priority of messages to broadcasting station--Misdemeanor.
1-13-10      False report to broadcasting station as misdemeanor.
1-13-11      Unified data network authorized--Equipment purchased or leased.
1-13-12      Department and attorney general to receive necessary equipment.
1-13-13      County sheriffs to receive necessary equipment.
1-13-14      Municipal participation in law enforcement telecommunications system.
1-13-15      Participation by other law enforcement agencies.
1-13-16      Promulgation of rules.
1-13-17      Termination of service for risk of security or privacy violation.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-1. Bureau of Information and Telecommunication to operate state communications system--Department of Public Safety to operate law enforcement telecommunications system.

The Bureau of Information and Telecommunications may purchase the necessary apparatus and equipment to construct or establish a state communications system which shall be used solely for the transmission of business and information for state, federal, and local government and other public safety entities. The bureau may also purchase receiving sets in such quantities as may be most economical to facilitate the speedy transmission of messages and state information.

The bureau is charged with the operation and maintenance of the state communications system. However, the Department of Public Safety shall operate and maintain the South Dakota law enforcement telecommunications system.

Source: SDC 1939, § 55.1608; SL 1999, ch 177, § 8; SL 2004, ch 8, § 1; SL 2015, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-1.1. Functions of State Radio Communications transferred to Bureau of Information and Telecommunications.

The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Bureau of Information and Telecommunications to the Department of Public Safety.

Source: SL 1999, ch 177, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 77.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-2. Towers, repeater stations, and subheadquarters authorized.

The Bureau of Information and Telecommunications may locate, construct, establish, equip, and maintain such towers, repeater stations, and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease, or condemnation all necessary sites and locations in order to install, establish, and operate a state communications system as provided by this chapter.

Source: SL 1945, ch 321, §§ 1, 5; SDC Supp 1960, § 55.1608-1; SL 1999, ch 177, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-3. Employment of personnel and equipment--Maintenance and operating costs.

The Bureau of Information and Telecommunications may employ such operators and assistants and such equipment necessary to carry out the provisions of this chapter. The costs of maintaining and operating a state voice communications system and all receiving sets owned or operated by the bureau shall be paid out of the appropriation for the bureau. The costs for operation and maintenance of the South Dakota law enforcement telecommunications system shall be paid out of the radio communications fund.

Source: SDC 1939, § 55.1613; SL 1999, ch 177, § 10; SL 2015, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-4. Radio communications fund as continuing fund.

An unexpended balance remaining in the radio communications fund at the end of any fiscal year shall not revert but shall remain in said fund and be available for expenditure during the succeeding fiscal year.

Source: SL 1945, ch 321, § 5; SDC Supp 1960, § 55.1608-1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-5. Federal funds--Acceptance and use.

The Bureau of Information and Telecommunications and the Department of Public Safety may apply for, accept, and expend on behalf of the state communications system any appropriations, grants, matching funds, or moneys allotted to the State of South Dakota by the federal government pursuant to any act of Congress of the United States. The funds so received by the State of South Dakota shall be administered and expended under the supervision of the bureau or the department to purchase the necessary apparatus and equipment for new construction and equipment improvements in the state communications system. Such funds shall be deposited in the state treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the commissioner of the bureau or the secretary of public safety.

Source: SL 1966, ch 189; SL 1999, ch 177, § 11; SL 2015, ch 5, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-6. Local law enforcement officers to be furnished receiving sets.

Each county within the state shall furnish to its sheriff and deputy sheriff a receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, whether publicly or privately owned, shall be equipped with receiving sets at the expense of such municipality. The Bureau of Information and Telecommunications may sell to any county, municipality receiving sets purchased by the bureau, without any profit to the state or to the bureau and the funds received from such sale shall be credited by the state treasurer to the bureau.

Source: SDC 1939, § 55.1609; SL 1992, ch 60, § 2; SL 1999, ch 177, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-7. Officers with receiving sets to report to bureau.

Every sheriff, deputy sheriff, police officer, or other person securing a receiving set under the provisions of this chapter, shall make a report to the Bureau of Information and Telecommunications at such times and containing such information as the bureau shall require by rules promulgated pursuant to chapter 1-26.

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-8. Dispatches and reports to be broadcast.

The Department of Public Safety shall broadcast all police dispatches and reports submitted, which have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. The department shall also broadcast any other statement or report upon request of any constitutional officer, or the head of any state department, providing such message relates to state business.

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 14; SL 2015, ch 5, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-9. Priority of messages to broadcasting station--Misdemeanor.

Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the state radio broadcasting station established by this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 55.1611, 55.9907; SL 1980, ch 24, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-10. False report to broadcasting station as misdemeanor.

Whoever intentionally makes any false, misleading, or unfounded reports to the state radio broadcasting station for the purpose of interfering with the operation thereof, or with the intention of misleading any agent of the attorney general's office or peace officers of this state, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 55.9909; SL 1980, ch 24, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-11. Unified data network authorized--Equipment purchased or leased.

The Department of Public Safety may operate and maintain a unified data network to interconnect various law enforcement agencies in South Dakota by written communications. The department may also purchase or lease the necessary apparatus and equipment to construct, maintain, and control the law enforcement communications network.

Source: SL 1975, ch 11, § 1; SL 2001, ch 7, § 1; SL 2015, ch 5, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-12. Department and attorney general to receive necessary equipment.

The state shall furnish to the Department of Public Safety and the Office of the Attorney General all the necessary equipment.

Source: SL 1975, ch 11, § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2015, ch 5, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-13. County sheriffs to receive necessary equipment.

Each county within the state shall furnish to the sheriff of that county a data terminal and other necessary equipment of a type specified by the Department of Public Safety.

Source: SL 1975, ch 11, § 2; SL 2001, ch 7, § 2; SL 2015, ch 5, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-14. Municipal participation in law enforcement telecommunications system.

Any first or second class municipality may apply to participate in the South Dakota law enforcement telecommunications system. If the application is approved by the Department of Public Safety, the participating municipality shall furnish its police department with a data terminal and other necessary equipment of a type specified by the department.

Source: SL 1975, ch 11, § 3; SL 1992, ch 60, § 2; SL 2001, ch 7, § 3; SL 2015, ch 5, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-15. Participation by other law enforcement agencies.

The Department of Public Safety may authorize other law enforcement agencies to participate in the South Dakota law enforcement telecommunications system upon such terms and conditions as are necessary to protect the security of the network.

Source: SL 1975, ch 11, § 5; SL 2015, ch 5, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-16. Promulgation of rules.

The Department of Public Safety may adopt rules, pursuant to chapter 1-26, establishing procedures for operation, maintenance, and control of the South Dakota law enforcement telecommunications system.

Source: SL 1975, ch 11, § 7; SL 2015, ch 5, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-13-17. Termination of service for risk of security or privacy violation.

The Department of Public Safety shall terminate service to any installation on the South Dakota law enforcement telecommunications system if the department determines that there is a risk of violation of the security or privacy restriction imposed by state or federal statutes.

Source: SL 1975, ch 11, § 6; SL 2015, ch 5, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-13A TIE-LINE ADMINISTRATION [REPEALED]

CHAPTER 1-13A

TIE-LINE ADMINISTRATION [REPEALED]

1-13A-1 to 1-13A-3. Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-13A-1

1-13A-1 to 1-13A-3. Repealed by SL 2006, ch 2, §§ 4 to 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-13A-2

1-13A-2. Repealed by SL 2006, ch 2, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-13A-3

1-13A-3. Repealed by SL 2006, ch 2, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-14

BUREAU OF ADMINISTRATION [REPEALED AND TRANSFERRED]

1-14-1 Transferred to § 1-33-9.1.

1-14-1.1 1-14-1.1. Transferred to § 1-14-1.

1-14-2 Repealed.

1-14-2.1 1-14-2.1. Omitted.

1-14-3 Repealed.

1-14-3.1 Transferred to § 1-33-8.11.

1-14-4 Transferred to § 1-33-8.6.

1-14-5 1-14-5. Repealed by SL 1969, ch 218, § 2.

1-14-6 1-14-6. Repealed by SL 1974, ch 6, § 10.

1-14-6.1 1-14-6.1. Repealed by SL 2011, ch 2, § 9.

1-14-6.2 1-14-6.2. Superseded.

1-14-6.3 1-14-6.3. Repealed by SL 1971, ch 5, § 5.

1-14-6.4 1-14-6.4. Repealed by SL 1973, ch 23, § 30.

1-14-6.5 1-14-6.5. Omitted.

1-14-6.6 1-14-6.6. Repealed by SL 2011, ch 2, § 10.

1-14-7 1-14-7. Repealed by SL 1970, ch 7, § 7.

1-14-8 1-14-8, 1-14-9. Superseded.

1-14-10 1-14-10. Repealed by SL 1970, ch 7, § 7.

1-14-11 1-14-11. Repealed by SL 2011, ch 2, § 11.

1-14-12 Repealed.

1-14-12.1 1-14-12.1. Transferred to § 1-33-44.

1-14-12.2 1-14-12.2. Transferred to § 1-33-45.

1-14-12.3 1-14-12.3. Transferred to § 1-33-50.

1-14-12.4 1-14-12.4. Transferred to § 1-33-56.

1-14-12.5 1-14-12.5. Transferred to § 1-33-51.

1-14-12.6 1-14-12.6. Transferred to § 1-33-52.

1-14-12.7 1-14-12.7. Transferred to § 1-33-55.

1-14-12.8 1-14-12.8. Transferred to § 1-33-54.

1-14-12.9 1-14-12.9. Transferred to § 1-33-53.

1-14-12.10 1-14-12.10. Transferred to § 1-33-42.

1-14-12.11 1-14-12.11. Transferred to § 1-33-46.

1-14-12.12 1-14-12.12. Repealed by SL 2011, ch 2, § 13.

1-14-12.13 1-14-12.13. Repealed by SL 2006, ch 2, § 7.

1-14-12.14 Transferred to § 1-33-65.

1-14-12.15 Transferred to § 1-33-8.7.

1-14-12.16 Transferred to § 1-33-8.3.

1-14-12.17 Transferred to § 1-33-8.8.

1-14-12.18 1-14-12.18, 1-14-13. Repealed by SL 2011, ch 2, §§ 15, 16.

1-14-14 Transferred to § 1-33-8.9.

1-14-14.1 Transferred to § 1-33-8.10.

1-14-14.2 Transferred to § 1-33-64.

1-14-14.3 1-14-14.3, 1-14-14.4. Repealed by SL 2011, ch 2, §§ 18, 19.

1-14-15 1-14-15. Repealed by SL 1982, ch 16, § 4.

1-14-16 1-14-16. Transferred to § 1-33-47.

1-14-17 1-14-17. Transferred to § 1-33-48.

1-14-18 Transferred to § 1-33-8.12.

1-14-19 Transferred to § 1-33-8.13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-1. Transferred to § 1-33-9.1.

Source: SDC 1939, § 55.2002; SL 1970, ch 7, § 1; SL 1973, ch 2, § 17; SDCL Supp, § 1-14-1.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 2, § 6; SL 2021, ch 5, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-1.1

1-14-1.1. Transferred to § 1-14-1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-2. Repealed.

Source: SL 1970, ch 7, § 2; SL 1971, ch 5, § 1; SL 2011, ch 2, § 7; SL 2024, ch 1 (Ex. Ord. 24-1), § 23, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-2.1

1-14-2.1. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-3. Repealed.

Source: SDC 1939, § 55.2003; SL 1970, ch 7, § 4; SL 2011, ch 2, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), § 24, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-3.1. Transferred to § 1-33-8.11.

Source: SL 2004, ch 56, § 1, eff. Mar. 8, 2004; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1, Mar. 6, 2006; SL 2019, ch 1, § 1, eff. Mar. 21, 2019; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-4. Transferred to § 1-33-8.6.

Source: SDC 1939, § 55.2005 (20); SL 1970, ch 7, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-5

1-14-5. Repealed by SL 1969, ch 218, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6

1-14-6. Repealed by SL 1974, ch 6, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.1

1-14-6.1. Repealed by SL 2011, ch 2, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.2

1-14-6.2. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.3

1-14-6.3. Repealed by SL 1971, ch 5, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.4

1-14-6.4. Repealed by SL 1973, ch 23, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.5

1-14-6.5. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-6.6

1-14-6.6. Repealed by SL 2011, ch 2, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-7

1-14-7. Repealed by SL 1970, ch 7, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-8

1-14-8, 1-14-9. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-10

1-14-10. Repealed by SL 1970, ch 7, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-11

1-14-11. Repealed by SL 2011, ch 2, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-12. Repealed.

Source: SDC 1939, § 55.2005; SL 1943, ch 257, § 11; SL 1955, ch 243, § 1; SL 1963, ch 353, § 15; SL 1971, ch 5, § 6; SL 1974, ch 7; SL 1975, ch 12; SL 1979, ch 6; SL 1985, ch 33, § 17; SL 1988, ch 11, § 1; SL 1993, ch 162; SL 2011, ch 2, § 12; SL 2024, ch 1 (Ex. Ord. 24-1), § 25, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.1

1-14-12.1. Transferred to § 1-33-44.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.2

1-14-12.2. Transferred to § 1-33-45.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.3

1-14-12.3. Transferred to § 1-33-50.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.4

1-14-12.4. Transferred to § 1-33-56.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.5

1-14-12.5. Transferred to § 1-33-51.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.6

1-14-12.6. Transferred to § 1-33-52.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.7

1-14-12.7. Transferred to § 1-33-55.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.8

1-14-12.8. Transferred to § 1-33-54.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.9

1-14-12.9. Transferred to § 1-33-53.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.10

1-14-12.10. Transferred to § 1-33-42.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.11

1-14-12.11. Transferred to § 1-33-46.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.12

1-14-12.12. Repealed by SL 2011, ch 2, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.13

1-14-12.13. Repealed by SL 2006, ch 2, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-12.14. Transferred to § 1-33-65.

Source: SL 1988, ch 11, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-12.15. Transferred to § 1-33-8.7.

Source: SL 1988, ch 11, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-12.16. Transferred to § 1-33-8.3.

Source: SL 1988, ch 11, § 6; SL 2006, ch 2, § 8; SL 2011, ch 2, § 14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-12.17. Transferred to § 1-33-8.8.

Source: SL 1988, ch 11, § 7; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-12.18

1-14-12.18, 1-14-13. Repealed by SL 2011, ch 2, §§ 15, 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-14. Transferred to § 1-33-8.9.

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 9; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-14.1. Transferred to § 1-33-8.10.

Source: SL 1988, ch 11, § 10; SL 2011, ch 2, § 17; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-14.2. Transferred to § 1-33-64.

Source: SL 1988, ch 11, §§ 3, 11; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 31, 32, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-14.3

1-14-14.3, 1-14-14.4. Repealed by SL 2011, ch 2, §§ 18, 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-15

1-14-15. Repealed by SL 1982, ch 16, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-16

1-14-16. Transferred to § 1-33-47.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-14-17

1-14-17. Transferred to § 1-33-48.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-18. Transferred to § 1-33-8.12.

Source: SL 2011, ch 2, § 33; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-14-19. Transferred to § 1-33-8.13.

Source: SL 2011, ch 2, § 93; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-15

DEPARTMENT OF CORRECTIONS

1-15-1 1-15-1. Repealed by SL 1989, ch 20, § 11.

1-15-1.1 1-15-1.1. Repealed by SL 1977, ch 198, § 22.

1-15-1.2 Department created.

1-15-1.3 Secretary as head of department--Appointment--Qualifications.

1-15-1.4 Agencies and programs under department control.

1-15-1.5 Department to perform functions of former Board of Charities and Corrections.

1-15-1.6 1-15-1.6. Superseded.

1-15-1.7 Appointment of division directors.

1-15-1.8 Rules, regulations, and standards in full force and effect--Exceptions.

1-15-1.9 Repealed by SL 2012, ch 4, § 1.

1-15-1.10 Replacement of Board of Charities and Corrections--Effect.

1-15-1.11 Repealed by SL 2012, ch 4, § 2.

1-15-1.12 Repealed.

1-15-1.13 Corrections Commission--Members--Terms--Purpose.

1-15-1.14 Review of criminal justice issues--Annual report.

1-15-2 1-15-2, 1-15-3. Repealed by SL 1989, ch 20, §§ 12, 13.

1-15-4 1-15-4. Repealed by SL 1971, ch 23, § 2.

1-15-5 1-15-5. Repealed by SL 1982, ch 9, § 2.

1-15-6 1-15-6. Repealed by SL 1989, ch 20, § 14.

1-15-6.1 Administrative functions performed for Board of Pardons and Paroles.

1-15-7 1-15-7. Repealed by SL 1989, ch 20, § 16.

1-15-8 1-15-8. Repealed by SL 1982, ch 9, § 4.

1-15-9 1-15-9. Repealed by SL 1989, ch 20, § 17.

1-15-10 Contracts for service, buildings, lands, materials, and supplies.

1-15-10.1 Contracts for institutional treatment of persons with other states or federal government--Discretion to return person to sending state or federal government.

1-15-10.2 Compensation of state for care of persons from other states.

1-15-10.3 Transfer of institutional residents to other states or federal government--Payment of expenses.

1-15-10.4 Agreements for state care of federal wards.

1-15-10.5 1-15-10.5. Transferred to § 26-11A-1.1.

1-15-10.6 1-15-10.6 to 1-15-10.10. Repealed by SL 1996, ch 172, §§ 26 to 30.

1-15-11 Enforcement of contracts and property rights--Judgment proceeds.

1-15-12 Supplies not to be purchased from institution employees.

1-15-13 Federal funds--Acceptance and use.

1-15-14 Condemnation of private property.

1-15-15 1-15-15. Repealed by SL 1982, ch 9, § 9.

1-15-16 Repealed by SL 2012, ch 4, §§ 3, 4.

1-15-17 Employment of institutional personnel in maintenance and replacement projects.

1-15-18 Management and accounting prescribed by secretary.

1-15-19 1-15-19. Repealed by SL 1982, ch 9, § 10.

1-15-20 Rules, policies, and procedures for management of institutions and agencies--Inmate discipline.

1-15-20.1 Inmate defined.

1-15-21 Receipt and disbursement of inmates' funds.

1-15-22 1-15-22. Repealed by SL 1982, ch 9, § 12.

1-15-23 Investigatory powers of secretary.

1-15-24 Investigations by attorney general on secretary's request.

1-15-25 1-15-25. Repealed by SL 1982, ch 9, § 13.

1-15-26 1-15-26. Repealed by SL 1989, ch 20, § 41.

1-15-27 Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act.

1-15-28 Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act.

1-15-29 Council of Juvenile Services--Appointment--Terms.

1-15-30 Responsibilities of Council of Juvenile Services.

1-15-31 Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding.

1-15-32 Participation in international prisoner transfer treaties.

1-15-33 Responsibility for transporting inmates to hearings.

1-15-34 County responsible for certain costs of transporting inmates.

1-15-35 Department of Corrections responsible for certain costs of transporting inmates.

1-15-36 Repealed.

1-15-37 Incarceration construction fund established.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-1

1-15-1. Repealed by SL 1989, ch 20, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-1.1

1-15-1.1. Repealed by SL 1977, ch 198, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.2. Department created.

There is created a department of corrections.

Source: SL 1989, ch 20, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.3. Secretary as head of department--Appointment--Qualifications.

The head of the Department of Corrections is the secretary of corrections. The secretary of corrections shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to article IV, section 9 of the South Dakota State Constitution. The secretary of corrections shall be qualified by training and experience to administer the programs of the Department of Corrections and have such other qualification as may be specified by statute.

Source: SL 1989, ch 20, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.4. Agencies and programs under department control.

The Department of Corrections, under the direction and control of the secretary of corrections, shall govern the juvenile corrections programs established subject to § 26-11A-1, the state penitentiary, and other state correctional facilities, parole services, the Board of Pardons and Paroles, and such other agencies as may be created by statute, executive order, and administrative action and placed under the Department of Corrections.

Source: SL 1989, ch 20, § 3; SL 1991, ch 7, § 1; SL 2004, ch 168, § 74.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.5. Department to perform functions of former Board of Charities and Corrections.

The Department of Corrections shall perform all of the functions of the former Board of Charities and Corrections for the agencies in § 1-15-1.4.

Source: SL 1989, ch 20, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-1.6

1-15-1.6. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.7. Appointment of division directors.

The secretary of corrections shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Corrections. The secretary of corrections shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within the Department of Corrections.

Source: SL 1989, ch 20, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.8. Rules, regulations, and standards in full force and effect--Exceptions.

Unless inconsistent with other provisions of this chapter, all rules, regulations, and standards of the agencies in § 1-15-1.4 that are in effect on July 1, 1989, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this chapter.

Source: SL 1989, ch 20, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.9. Repealed by SL 2012, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.10. Replacement of Board of Charities and Corrections--Effect.

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before July 1, 1989, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by abolition of an agency in this chapter. The Department of Corrections replaces the Board of Charities and Corrections for the agencies in § 1-15-1.4 and succeeds to its rights and leases, indentures, and other transactions.

Source: SL 1989, ch 20, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.11. Repealed by SL 2012, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.12. Repealed.

Source: SL 1990, ch 180, § 3; SL 1994, ch 189, § 2; SL 2023, ch 82, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.13. Corrections Commission--Members--Terms--Purpose.

There is established a Corrections Commission. The commission shall be assigned to the Department of Corrections.

The commission shall consist of nine members:

(1) Three members appointed by the Governor. The Governor shall appoint: one member from a list of three nominees provided by the Industry and Commerce Association of South Dakota; one member from a list of three nominees provided by the South Dakota Retailers Association; and one member representing labor;

(2) Two senators, one from each political party, appointed by the respective political party caucus leader;

(3) Two representatives, one from each political party, appointed by the respective political party caucus leader; and

(4) Two members appointed by the Chief Justice of the Supreme Court.

Members shall serve at the pleasure of the appointing authority and may be removed by the appointing authority at any time.

The commission shall meet at least two times each year at the call of the secretary of the Department of Corrections or the chair of the commission. The commission shall assist the Department of Corrections in examining criminal justice issues and developing initiatives to address problems in corrections and the criminal justice system. In addition, no funds, other than those for normal operating costs and replacement of existing necessary equipment, may be expended from the prison industries revolving fund for the purposes of enhancement, development, or expansion of prison industries without approval of the commission.

Source: SL 1991, ch 6 (Ex. Ord. 91-5), §§ 2-5; SL 1993, (SS), ch. 3, § 8; SL 1996, ch 160, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-1.14. Review of criminal justice issues--Annual report.

The Corrections Commission established in § 1-15-1.13 shall undertake a continuing study of criminal justice issues in South Dakota. The study may include a review of current felonies, felony sentences, sentencing options, practices, programs, trends, and initiatives. The commission shall annually report on its activities to the Legislature, Governor, and Chief Justice of the Supreme Court.

Source: SL 1994, ch 7; SL 2008, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-2

1-15-2, 1-15-3. Repealed by SL 1989, ch 20, §§ 12, 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-4

1-15-4. Repealed by SL 1971, ch 23, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-5

1-15-5. Repealed by SL 1982, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-6

1-15-6. Repealed by SL 1989, ch 20, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-6.1. Administrative functions performed for Board of Pardons and Paroles.

The Department of Corrections shall perform all administrative functions of the Board of Pardons and Paroles.

Source: SL 1977, ch 198, § 5; SDCL Supp, § 1-36-18; SL 1989, ch 20, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-7

1-15-7. Repealed by SL 1989, ch 20, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-8

1-15-8. Repealed by SL 1982, ch 9, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-9

1-15-9. Repealed by SL 1989, ch 20, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-10. Contracts for service, buildings, lands, materials, and supplies.

The Department of Corrections may make contracts for service, the erection of buildings, the purchase and lease of lands, materials and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chapter 5-18B. The department may expend money, exact and collect penalties, and purchase, lease, and sell property within the limitations of the state and national laws to carry out such contracts.

Source: SDC 1939, § 55.1705; SL 1973, ch 4, § 1; SL 1982, ch 9, § 6; SL 1989, ch 20, § 18; SL 2011, ch 2, § 105; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-10.1. Contracts for institutional treatment of persons with other states or federal government--Discretion to return person to sending state or federal government.

The Department of Corrections may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.

Source: SL 1972, ch 9, § 1; SL 1983, ch 199, § 8; SL 1987, ch 14; SL 1989, ch 20, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-10.2. Compensation of state for care of persons from other states.

Source: SL 1972, ch 9, § 2; SL 1989, ch 20, § 20; SL 2016, ch 140, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-10.3. Transfer of institutional residents to other states or federal government--Payment of expenses.

The Department of Corrections may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.

The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of corrections, or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.

Source: SL 1972, ch 9, § 3; SL 1983, ch 199, § 9; SL 1989, ch 20, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-10.4. Agreements for state care of federal wards.

The Department of Corrections may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.

Source: SL 1955, ch 267; SDC Supp 1960, § 55.5501; SDCL, § 1-23-11; SL 1982, ch 9, § 7; SL 1983, ch 199, § 10; SL 1989, ch 20, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-10.5

1-15-10.5. Transferred to § 26-11A-1.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-10.6

1-15-10.6 to 1-15-10.10. Repealed by SL 1996, ch 172, §§ 26 to 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-11. Enforcement of contracts and property rights--Judgment proceeds.

The Department of Corrections may bring suit in the proper court in its own name, to enforce any contract made by it and any suit relating to such property, or to the care, custody, control, management, or improvement thereof, and the attorney general shall prosecute any such suit upon the request of the secretary of corrections. Any money collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the penal institutions and credited to the proper fund or funds. This section and § 1-15-10 confer upon the Department of Corrections all powers which are necessary to the proper legal management of the correctional institutions placed under its control, and the property belonging to the same.

Source: SDC 1939, § 55.1705; SL 1989, ch 20, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-12. Supplies not to be purchased from institution employees.

No supplies of any kind may be purchased for state institutions from any officer or employee of any state institution, or from any firm or corporation in which such officer or employee may be interested, and it is unlawful for the state auditor to allow any bills to any such officer, employee, or corporation or firm in which they may be interested, for any supplies of any kind or character for any state institution.

Source: SDC 1939, § 55.1709; SL 1989, ch 20, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-13. Federal funds--Acceptance and use.

The Department of Corrections may, subject to chapter 4-8B, accept and control on behalf of the institutions of this state under the department's supervision:

(1) Any federal funds, grants-in-aid, subventions, or other financial aids that may be made available to such institutions for grants, program expansion, establishing institutes or instructional centers, or any other program made available to the institutions;

(2) Any federal funds which may become available for equipment, personnel or administrative salaries, educational services, buildings, building repairs and additions, or any other institutional program, improvement, or expansion.

The state treasurer shall receive such sums as may be allotted to the department for institutions under the department's jurisdiction, for any purpose, from the United States government. Such donations and allotments shall be placed in a special fund available to the institution designated.

The state auditor shall draw warrants from the special fund upon presentation of vouchers approved by the secretary of corrections. Notwithstanding any other provision of this section, any federal funds received for the reimbursement of services provided by the department shall be deposited in the general fund.

Source: SL 1965, ch 261, §§ 1 to 3; SL 1974, ch 8; SL 1982, ch 9, § 8; SL 1989, ch 20, § 31; SL 2016, ch 140, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-14. Condemnation of private property.

The Department of Corrections may condemn private property for public use. The term "private property" includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Corrections considers 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 correctional institutions of the state of which it has control, the secretary of corrections shall 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: SDC 1939, § 55.1710; SL 1989, ch 20, § 32.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-15

1-15-15. Repealed by SL 1982, ch 9, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-16, 1-15-16.1. Repealed by SL 2012, ch 4, §§ 3, 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-17. Employment of institutional personnel in maintenance and replacement projects.

The Department of Corrections may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel and inmates as may be determined by the secretary to be feasible.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 154; SL 1989, ch 20, § 35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-18. Management and accounting prescribed by secretary.

The secretary of corrections shall prescribe the management of such institutions, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereof, and shall provide a method of identification of all property belonging to the state in any of such institutions.

Source: SDC 1939, § 55.1712; SL 1989, ch 20, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-19

1-15-19. Repealed by SL 1982, ch 9, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-20. Rules, policies, and procedures for management of institutions and agencies--Inmate discipline.

The Department of Corrections at any time may promulgate rules, pursuant to chapter 1-26, concerning:

(1) Public contact with inmates through telephone and mail services and visits;

(2) Inmate release date calculations;

(3) Standards for parole supervision and parolee conduct;

(4) Federal and out-of-state inmates housed in state correctional facilities; and

(5) Inmate accounts.

The department may prescribe departmental policies and procedures for the management of its institutions and agencies, including inmate disciplinary matters. Inmate disciplinary matters consist of all matters relating to individual inmate behavior and to all matters relating to the maintenance of order, control, and safety within any institution under the supervision of the Department of Corrections.

Source: SDC 1939, § 55.1715; SL 1955, ch 239, § 6; SL 1964, ch 154; SL 1989, ch 20, § 37; SL 1990, ch 180, § 1; SL 1995, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-20.1. Inmate defined.

For the purposes of § 1-15-20 and chapter 1-27, an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to § 1-15-1.4.

Source: SL 1995, ch 3, § 1A; SL 2009, ch 10, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-21. Receipt and disbursement of inmates' funds.

The Department of Corrections may receive and disburse any funds that may accrue to inmates or juveniles in residence at institutions under jurisdiction of the department. Such disbursement shall be made for the benefit of the inmate or juvenile. However, interest earned on joint accounts may be transferred to a benefit fund from which goods and services may be purchased for use by the institutional population.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 155; SL 1982, ch 9, § 11; SL 1989, ch 20, § 38.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-22

1-15-22. Repealed by SL 1982, ch 9, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-23. Investigatory powers of secretary.

The secretary of corrections may inquire into and examine the condition of the institutions under the department's control, financially or otherwise; inquire and examine into their methods of instruction and government and management of their inmates, the official conduct of all officers and employees of the same, the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. For these purposes the secretary shall have free access to the grounds, buildings, and all books and papers relating to such institutions, and all persons in any manner connected with the same shall give such information and afford such facilities for inspection as the secretary may require, and any neglect or refusal on the part of any officer, employee, or person connected with such institutions to comply with the requirements of this section shall be sufficient cause for his removal. The secretary may administer oaths and examine any person in relation to any matter connected with the inquiries authorized by this chapter.

Source: SDC 1939, §§ 55.1712, 55.1717; SL 1989, ch 20, § 39.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-24. Investigations by attorney general on secretary's request.

If, in the opinion of the secretary of corrections, any matter in regard to the management of any institution under the department's control, or any matter in regard to any inmate of any such institution, requires legal investigation or action of any kind, notice thereof may be given by the secretary of corrections to the attorney general, who shall make inquiry and take such proceedings in the premises as he may deem necessary and proper, and shall report his action and the results thereof to the secretary without delay.

Source: SDC 1939, § 55.1719; SL 1989, ch 20, § 40.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-25

1-15-25. Repealed by SL 1982, ch 9, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-15-26

1-15-26. Repealed by SL 1989, ch 20, § 41.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-27. Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act.

The State of South Dakota shall participate in the formula grants program established by Part B of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub.L. No. 93-415; 88 Stat. 1109, as amended (42 U.S.C. § 5601 et seq).

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-28. Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act.

The Department of Corrections shall be responsible, through the Council of Juvenile Services established in § 1-15-29, for supervising the preparation and administration of the state's plan required by Section 223(a) for participation in the formula grants program of the Act. The Department of Corrections shall be responsible for providing staff and support services to the Council of Juvenile Services and implementing the plan in a manner which will ensure compliance with Sections 223(a)(12), (13), and (14) of the Act. The department shall seek necessary authority and take all necessary action as provided by law to enforce compliance with the Act.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 23; SL 2003, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-29. Council of Juvenile Services--Appointment--Terms.

There is hereby established a twenty-member Council of Juvenile Services to be appointed by the Governor and shall be comprised of individuals who have training, experience, or special knowledge of juvenile delinquency prevention or treatment or of the administration of juvenile justice. The membership of the Council of Juvenile Services shall comply with Section 223(a)(3) of the Juvenile Justice and Delinquency Act. The initial members to be appointed shall draw lots to determine who will hold the eight three-year terms, the six two-year terms, and the six one-year terms. Thereafter, each member shall serve a term of three years. Members may be reappointed and may continue to serve an expired term until replaced by the Governor. A chairperson, who may not be a full-time federal, state, or local employee, for the Council of Juvenile Services shall be chosen annually by a majority vote of its members at the first meeting each fiscal year.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 24; SL 2003, ch 9, § 2; SL 2012, ch 16, § 27; SL 2013, ch 176, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-30. Responsibilities of Council of Juvenile Services.

The Council of Juvenile Services shall be responsible for the following:

(1) In conjunction with the secretary of the Department of Corrections, establish policy on how the formula grants program of the Juvenile Justice and Delinquency Prevention Act is to be administered in South Dakota;

(2) Approve the state plan, and any modifications thereto, required by 223(a) of the Act prior to submission to the Office of Juvenile Justice and Delinquency Prevention;

(3) Submit annual recommendations to the Governor and Legislature concerning the functions of the Council of Juvenile Services and the status of the state's compliance with the Act;

(4) Approve or disapprove grant applications and other funding requests submitted to the Department of Corrections under §§ 1-15-27 to 1-15-31, inclusive, and assist with monitoring grants and other fund awards;

(5) Assist the Department of Corrections in monitoring the state's compliance with the Act;

(6) Study the coordination of the various juvenile intervention, prevention, treatment, and rehabilitation programs;

(7) Study effective juvenile sentencing, adjudication, and diversion policies and provisions;

(8) Make a special study of, and make an annual report to the Governor, the Unified Judicial System, and the Legislature by June thirtieth of each year concerning, the appropriate administration of and provision for children in need of supervision in this state;

(9) Contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and

(10) Perform other such activities as determined by the Governor, the secretary of the Department of Corrections, or the Council of Juvenile Services.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 25; SL 2003, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-31. Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding.

Participation in the Juvenile Justice and Delinquency Prevention Act of 1974 is contingent upon appropriation of federal expenditure authority and general fund match for planning and administration purposes by the Legislature.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-32. Participation in international prisoner transfer treaties.

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which the offenders are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the secretary of corrections to consent to the transfer or exchange of offenders under the jurisdiction of the Department of Corrections and take any other action necessary to initiate the participation of this state in the treaty.

Source: SL 1993, ch 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-33. Responsibility for transporting inmates to hearings.

If an inmate confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4, is ordered by the court to be present at a criminal proceeding or a sentence modification hearing pursuant to § 23A-27-19, the prosecuting county shall transport the inmate to the proceeding or hearing. If an inmate is ordered by a court to be present at a hearing under § 26-7A-122, the county where the hearing is held shall transport the inmate to the hearing. However, if the proceeding is for a criminal offense committed while the inmate was in a Department of Corrections institution, the Department of Corrections shall transport the inmate to the proceeding.

Source: SL 1999, ch 110, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-34. County responsible for certain costs of transporting inmates.

In the event a county fails to transport an inmate as required in §§ 1-15-33 to 1-15-35, the county may be billed for the cost of the transport and is responsible for the payment thereof.

Source: SL 1999, ch 110, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-35. Department of Corrections responsible for certain costs of transporting inmates.

In the event the Department of Corrections fails to transport an inmate as required in §§ 1-15-33 to 1-15-35, the department may be billed for the cost of the transport and is responsible for the payment thereof.

Source: SL 1999, ch 110, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-36. Repealed.

Source: SL 2013, ch 101, § 77, eff. June 30, 2014; SL 2023, ch 82, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-15-37. Incarceration construction fund established.

There is hereby established in the state treasury the incarceration construction fund. Expenditures out of the fund must only be by special appropriation of the Legislature and must be used for the capital construction or improvement of incarceration facilities located in South Dakota. No moneys shall be appropriated or expended from the fund until such a time as a legislative task force provides a report to the Legislature regarding incarceration and corrections within the State. Interest earned on moneys in the fund must remain in the fund.

Source: SL 2022, ch 3, § 1; SL 2024, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16 INDUSTRIAL DEVELOPMENT EXPANSION AGENCY [REPEALED]

CHAPTER 1-16

INDUSTRIAL DEVELOPMENT EXPANSION AGENCY [REPEALED]

[Repealed by SL 1982, ch 16, § 5; SL 1982, ch 17, §§ 13 to 21]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-16A

HEALTH AND EDUCATIONAL FACILITIES AUTHORITY

1-16A-1 Legislative findings and intent.

1-16A-2 Definitions.

1-16A-2.1 Repealed.

1-16A-2.2 Out-of-state participating health institution--Eligibility for financing.

1-16A-3 Authority created--Public function.

1-16A-3.1 Authority continued within Bureau of Finance and Management--Records and reports.

1-16A-4 Appointment of members of authority--Qualifications.

1-16A-5 Terms of office of members--Vacancies.

1-16A-6 Business interests not disqualifying for membership--Abstention where conflict of interest.

1-16A-7 Annual election of chairman and vice-chairman.

1-16A-8 Meetings open to public--Notice--Resolutions not published.

1-16A-9 Quorum of authority--Vote required for action.

1-16A-10 Expenses of members of authority.

1-16A-11 Removal of member from authority.

1-16A-12 Executive director and associate--Compensation.

1-16A-13 Employment of consultants and agents--Compensation.

1-16A-14 Surety bonds required--Payment of cost.

1-16A-15 Corporate powers of authority.

1-16A-15.1 Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.

1-16A-15.2 Determination of minimum amount of cash and investment reserves.

1-16A-16 Delegation of powers and duties.

1-16A-17 Records maintained by authority--Certified copies.

1-16A-17.1 Informational budget required.

1-16A-18 Acceptance of loans and gifts.

1-16A-19 Investment of surplus funds--Maturity of securities--Manner of investment.

1-16A-20 Location, construction, operation and maintenance of facilities--Designation of agent.

1-16A-21 Acquisition of property--Title taken.

1-16A-22 Restrictions of other laws not applicable.

1-16A-23 Public works laws not applicable--Competitive bidding not required.

1-16A-24 Mortgages for security of bondholders.

1-16A-25 Operation of facilities restricted to leasing.

1-16A-26 Leasing of facilities--Terms of lease--Option to purchase.

1-16A-27 Duration of leases--Rentals required.

1-16A-28 Establishment of rents and charges.

1-16A-29 Rules and regulations for use of facilities.

1-16A-30 Laws and ordinances applicable to facilities.

1-16A-31 Loans to participating institutions--Maximum amount.

1-16A-32 Refunding loans to participating institutions--Findings required.

1-16A-33 Initial planning service fee to accompany applications.

1-16A-34 Annual planning service fee payable to authority.

1-16A-35 Purpose of planning service fees--Agencies used in planning.

1-16A-36 Planning services and surveys obtained from other agencies.

1-16A-37 Proration of planning service fees between institutions.

1-16A-38 Issuance and refunding of bonds and obligations.

1-16A-39 Terms and form of bonds issued.

1-16A-40 Sale of bonds--Expenses of issuance.

1-16A-41 Negotiability of bonds.

1-16A-42 Bonds payable only from revenues.

1-16A-43 Pledge of revenues to secure bonds.

1-16A-44 Pledge continuing until bonds paid.

1-16A-45 Maintenance, rental and funding agreements in bond resolution.

1-16A-46 Pooling of leases for pledge of revenues.

1-16A-47 Bond redemption privileges retained.

1-16A-48 Additional bonds for facilities or HEAL loans--Protection of prior bondholders.

1-16A-49 Remedies of bondholders on default.

1-16A-50 General obligation not created by issuance of bonds--Tax levy not promised.

1-16A-51 State debt not created--Disclaimer in bonds.

1-16A-52 Pledge of full faith and credit of authority or institution.

1-16A-52.1 Financing through federally guaranteed securities authorized.

1-16A-52.2 Commitments and agreements for financing through federally guaranteed securities.

1-16A-52.3 Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds.

1-16A-52.4 Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited.

1-16A-52.5 Return of securities to issuer when provision made for payment.

1-16A-53 Refunding bonds authorized--Amount.

1-16A-54 Methods of refunding--Maturity dates.

1-16A-54.1 Bond issue authorized to refund securities of participating institution.

1-16A-54.2 Amount and terms of securities purchased--Mortgage--Insurance and guaranties.

1-16A-54.3 Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter.

1-16A-54.4 Title of financed facility to remain in participating institution--Mortgage--Lease prohibited.

1-16A-55 Bonds of authority as legal investments.

1-16A-56 Conveyance of facility to participating institution when debt paid.

1-16A-56.1 Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for.

1-16A-57 Expenses paid from authority funds--Borrowing for initial operation.

1-16A-58 Tax exemption of authority.

1-16A-59 Securities regulation.

1-16A-60 Additional proceedings not required--Police power reserved.

1-16A-61 Powers supplementary.

1-16A-62 Powers under other law unimpaired.

1-16A-63 Liberal construction of chapter.

1-16A-64 Short title of chapter.

1-16A-65 Health education assistance loan program established.

1-16A-66 Health education assistance loan program--Powers of authority.

1-16A-67 Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority.

1-16A-68 Health education assistance loan program--Payment of bonds.

1-16A-69 Health education assistance loan program--Security for principal and interest of bonds.

1-16A-70 Health education assistance loan program--Repayment fund created.

1-16A-71 1-16A-71. Repealed by SL 1988, ch 12, § 8; SL 1988, ch 18.

1-16A-71.1 Repealed by SL 2012, ch 179, § 10.

1-16A-72 1-16A-72. Repealed by SL 1988, ch 12, § 9.

1-16A-72.1 Repealed by SL 2012, ch 179, § 11.

1-16A-73 1-16A-73. Repealed by SL 1988, ch 12, § 10.

1-16A-73.1 Repealed by SL 2012, ch 179, §§ 12 to 23.

1-16A-73.13 Repealed by SL 2012, ch 180, §§ 9 to 15.

1-16A-73.20 Repealed by SL 2012, ch 179, §§ 24 to 31.

1-16A-74 Power to act as public instrumentality.

1-16A-74.1 Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations.

1-16A-75 Funding program for purchase of notes--Issuance of bonds or notes.

1-16A-76 Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.

1-16A-77 1-16A-77. Repealed by SL 2013, ch 6, § 7.

1-16A-78 Authority to issue education savings bonds.

1-16A-79 Criteria for issuance of education savings bonds.

1-16A-80 Additional criteria for issuance of education savings bonds.

1-16A-81 Discounted sale of education savings bonds--Interest--Payment at maturity.

1-16A-82 Sale of education savings bonds--Computation of aggregate principal.

1-16A-83 Plan of implementation for issuance and sale of education savings bonds.

1-16A-84 Designation by authority required for education savings bonds.

1-16A-85 Pool arrangement defined.

1-16A-86 Authority as funding authority for pool arrangement.

1-16A-87 Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.

1-16A-88 Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.

1-16A-89 Credit enhancement obligation--Conditions.

1-16A-90 Agreements with other entities involving credit enhancement obligations.

1-16A-91 Issued indebtedness for accounts receivable program.

1-16A-92 Authority may contract to manage payment or interest rate risk for bonds.

1-16A-93 Proposed issuance of obligations--Determination of board.

1-16A-94 Promulgation of rules establishing forecasting methodology.

1-16A-95 Issuance of additional obligations--Legislative approval.

1-16A-96 Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.

1-16A-97 Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.

1-16A-98 State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.

1-16A-99 Contracts made by school district, state, or authority not to be impaired.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-1. Legislative findings and intent.

For the benefit of the people of this state and the improvement of their health, welfare, safety, trade, commerce, industry, economy, and living conditions, it is essential that the people of this state have access, both geographically and financially, to adequate and affordable medical care and health facilities and it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities and it is essential that health institutions within the state and outside the state, subject to the limitations set forth in this chapter, and educational institutions within the state be provided with appropriate additional means to assist in the development and maintenance of public health and public education, respectively. It is the purpose of this chapter to provide a measure of assistance and alternative methods to enable health institutions within the state and outside the state, subject to the limitations set forth in this chapter, and educational institutions in the state to refund or refinance outstanding indebtedness incurred for health facilities or educational facilities and to provide additional facilities and structures which are sorely needed to accomplish the purposes of this chapter, including securing access by the people of this state to adequate and affordable health care within this state and other states, all to the public benefit and good as more fully provided herein.

It is the intent of the Legislature, by the passage of this chapter, to create a state authority to lend money to health institutions and educational institutions and to authorize the state authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, and dispose of properties to the end that the state authority may be able to promote the health, welfare, safety, trade, commerce, industry, economy and education and welfare of the people of this state and to vest such state authority with all powers to enable such state authority to accomplish such purpose.

It is the further intent of the Legislature to provide a measure of assistance and alternative methods of financing to participating health institutions to aid them in providing needed health facilities that will assure admission and care of high quality and affordability to all who need it and to aid them in dealing with the cash requirements of such participating health institutions, whether resulting from capital expenditures, operating expenditures, delays in the receipt of payments for services, or otherwise.

It is the intent of the Legislature to ensure the availability of the most efficient and affordable financing alternatives to health institutions that are located outside this state but owned, operated, leased, or managed by, or otherwise affiliated with, health institutions located within this state, to promote the economy of this state and the access of the people of this state to adequate and affordable health care within this state and other states, all for the benefit of the health, welfare, safety, trade, commerce, industry, and economy of the people of this state.

It is not intended by this chapter that the state authority shall itself be authorized to operate any such health or educational facilities.

It is also determined that the availability of improved access to health professions schools will benefit the people of this state and improve their health, welfare, and living conditions and that the establishment of a health education loan bond program, with proceeds of bonds to be used for the purchase or making of loans to students, or certain former students, of health professions schools will enhance the availability of improved access to such schools and assist such persons in meeting the expenses incurred in availing themselves of health education opportunities.

Source: SL 1972, ch 10, § 1; SL 1982, ch 10, § 1; SL 1994, ch 8, § 1; SL 2004, ch 9, § 1; SL 2020, ch 2, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-2. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Authority" means the South Dakota Health and Educational Facilities Authority created by this chapter;

(2) "Costs," as applied to facilities financed in whole or in part under this chapter, include the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, and extension of such facilities, including without limitation the cost of studies and surveys; the costs for land title and mortgage guaranty policies; plans, specifications, architectural, and engineering services; legal, organization, marketing, or other special services; financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair, or remodeling of existing buildings; costs of acquiring or reacquiring accounts receivable; and all other necessary and incidental expenses, including working capital and an initial bond and interest reserve, together with interest on bonds issued to finance such facilities to a date six months subsequent to the estimated date of completion;

(3) "Credit enhancement obligation" means an agreement, instrument, or other arrangement described in chapter 6-8B, pursuant to which any municipality or county covenants or agrees to levy taxes or pledge its full faith and credit or other revenues, funds, fees, or property, in amounts necessary to pay debt service and related charges on or in connection with bonds or other obligations issued to finance or refinance property, real or personal, and related costs for a health institution that owns or operates a hospital in this state;

(4) "Educational institution" means any private nonprofit corporation or institution authorized by law to provide or operate educational facilities and to provide a program of education beyond the high school level in this state. A "participating educational institution" means a nonprofit educational institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of educational facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter. A "participating educational institution" also means any school district or LEA in the state authorized to enter into a lease-purchase agreement with the health and educational facilities authority pursuant to chapter 13-19 or 13-39;

(5) "Facilities," in the case of a participating health institution, means a structure or building suitable for use as a hospital, clinic, nursing facility, home for the aged, or other health care facility, laboratory, laundry, residence for nurses, doctors, or interns, administration building, research facility, maintenance, storage or utility facility, auditorium, dining hall, food service and preparation facility, fire prevention facility, mental and physical health care facility, dental care facility, nursing school, medical teaching facility, offices, parking lots, and garages, and other supporting service structures, and all necessary, useful, and related equipment, furnishings, and appurtenances, and including without limitation the acquisition, preparation, and development of all lands necessary or convenient as a site or sites for any of the foregoing. Facilities, in the case of a participating health institution, also means any accounts receivable, working capital, or operating expense, financing, or refinancing program, of a participating health institution or institutions, with or involving funds provided in whole or in part hereunder, or any combination thereof. Facilities, in the case of a participating educational institution, means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage, or utility facility, and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, including parking and other facilities or structures essential or convenient for the orderly conduct of the institution for higher education, and includes equipment and machinery and other similar items, necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items that are customarily deemed to result in a current operating charge. Facilities does not include any property used or to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property that is used or to be used primarily in connection with any part of a program of a school or department of divinity of any religious denomination;

(6) "HEAL loans" means loans to finance the graduate education of health professionals, which have been made pursuant to the Federal Health Education Assistance Loan Program created pursuant to P.L. 94-484, and which are fully insured or guaranteed as to principal and interest by the United States, its agencies or instrumentalities;

(7) "Health institution" means any private nonprofit corporation or institution authorized by law to provide or operate health facilities in this state, or any private nonprofit corporation or institution authorized by law to provide or operate health facilities outside this state;

(8) "Participating health institution" means a nonprofit health institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of health facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter, whether located within this state or in another state;

(9) "Participating public agency" means any public agency, as defined in chapter 1-24, which has elected to participate in a pool arrangement;

(10) "Public body" means any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, or water user district; and

(11) "Revenues," with respect to facilities, means the rents, fees, charges, and other income or profit derived therefrom, and with respect to HEAL loans, means all amounts received in repayment of such loans, including any insurance benefits.

Source: SL 1972, ch 10, § 2; SL 1982, ch 10, § 2; SL 1986, ch 124, § 4; SL 1987, ch 144, § 6; SL 1988, ch 13, § 1; SL 1991, ch 11, § 7; SL 1992, ch 3, § 1; SL 1994, ch 8, §§ 2, 3; SL 2004, ch 9, § 2; SL 2020, ch 2, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-2.1. Repealed.

Source: SL 1997, ch 4, § 8; SL 2020, ch 2, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-2.2 . Out-of-state participating health institution--Eligibility for financing.

To be eligible for financing under this chapter, any participating health institution located outside of this state shall, at the time of issuance:

(1) Be financing or refinancing health facilities located within the United States;

(2) Control, be controlled by, or be under common control with, a health institution located within this state; and

(3) Be engaged, by itself or through an affiliate located within this state, in a financing or refinancing on behalf of a health institution located within this state.

In connection with such a financing or refinancing of any such health facilities, the authority shall find that the financing or refinancing would promote the economy of this state and the access of the people of this state to adequate and affordable health care within this and other states, all for the benefit of the health, welfare, safety, trade, commerce, industry, economy, and living conditions of the people of this state by creating employment opportunities in this state or the lowering of the cost of accessing health care or reducing the cost of financing, refinancing, or operating such health facilities and such out-of-state health facilities owned, operated, leased, or managed by, or otherwise affiliated with, a health institution located within this state.

For purposes of this section, the authority's findings must be deemed conclusive.

Source: SL 2020, ch 2, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-3. Authority created--Public function.

There is hereby created a body politic and corporate to be known as the "South Dakota Health and Educational Facilities Authority." The authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function.

Source: SL 1972, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-3.1. Authority continued within Bureau of Finance and Management--Records and reports.

The health and educational facilities authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.

Source: SL 1973, ch 2, § 16 (b).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-4. Appointment of members of authority--Qualifications.

The authority shall consist of seven members to be appointed by the Governor who are residents of the state. Not more than four of the seven members of the authority may be of the same political party. At least one of the members to be appointed by the Governor must be or must have been a trustee, director, comptroller, or other employee of a public or of a private nonprofit hospital knowledgeable in hospital and health care construction and financing. At least one of the appointed members must be or must have been a trustee, director, comptroller, or other employee of a public or nonprofit private college or university knowledgeable in the construction and financing of such educational facilities. At least one appointed member must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of health facility architecture. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of higher educational facility architecture. In making appointments, the Governor shall take into consideration nominees recommended for appointment by professional organizations of hospitals, long term care facilities, higher education associations, investment banking, and architects.

Source: SL 1972, ch 10, § 3; SL 2023, ch 3, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-5. Terms of office of members--Vacancies.

Upon the expiration of the term of any appointed member his successor shall be appointed for a term of five years expiring on June thirtieth and until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The Governor shall fill any vacancy for the remainder of any unexpired term.

Source: SL 1972, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-6. Business interests not disqualifying for membership--Abstention where conflict of interest.

Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

Source: SL 1972, ch 10, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-7. Annual election of chairman and vice-chairman.

Annually after the appointment of a member or members, the authority shall elect one of its members as chairman and one as vice-chairman.

Source: SL 1972, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-8. Meetings open to public--Notice--Resolutions not published.

Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted.

Source: SL 1972, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-9. Quorum of authority--Vote required for action.

Four members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four of its members.

Source: SL 1972, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-10. Expenses of members of authority.

Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the authority.

Source: SL 1972, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-11. Removal of member from authority.

Any member of the authority may be removed by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing.

Source: SL 1972, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-12. Executive director and associate--Compensation.

The authority shall appoint an executive director and may appoint an associate executive director, who shall not be members of the authority and shall serve at its pleasure. They shall receive such compensation as shall be fixed by the authority.

Source: SL 1972, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-13. Employment of consultants and agents--Compensation.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation.

Source: SL 1972, ch 10, § 7 (10).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-14. Surety bonds required--Payment of cost.

Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each member, the executive director and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond shall be paid by the authority.

Source: SL 1972, ch 10, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-15. Corporate powers of authority.

The authority has the following powers together with all powers incidental or necessary for the performance thereof:

(1) To have perpetual succession as a body politic and corporate;

(2) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(3) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(4) To have and to use a corporate seal and to alter the same at pleasure;

(5) To maintain an office at such place or places as it may designate;

(6) To do all things necessary and convenient to carry out the purposes of this chapter;

(7) To establish a minimum amount of cash and investment reserves; and

(8) [Repealed July 1, 2019 by SL 2018, ch 8, § 1.]

Source: SL 1972, ch 10, § 7 (1) to (5), (15); SL 2018, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-15.1. Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.

The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, "out-of-state issuers") in connection with issuance of bonds, notes or other evidence of indebtedness by such out-of-state issuers for educational and health facilities located within the State of South Dakota.

In connection with such financing by out-of-state issuers, the authority is designated as the only entity in the State of South Dakota which may conduct the public hearing of the applicable governmental unit required by section 147(f) of the Internal Revenue Code of 1986, as amended, or any successor provision of the Internal Revenue Code, and the Governor of the State of South Dakota is designated as the only person in the State of South Dakota who may be the applicable elected representative pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended.

Following such hearing, the authority shall determine whether the financing should proceed with respect to educational or health facilities located within the State of South Dakota by an out-of-state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed by an out-of-state issuer with respect to the South Dakota facilities.

Source: SL 2004, ch 9, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-15.2. Determination of minimum amount of cash and investment reserves.

Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and investment reserves the authority shall include in the minimum amount of cash and investment reserves:

(1) Any funds that the authority determines are necessary for any expected operating expenses of the authority; and

(2) Any funds that are pledged to or otherwise reserved for payment of any amounts in respect of any issue of bonds or other obligations issued by the authority.

The authority may require further findings or procedures that the authority deems necessary or appropriate regarding the establishment of a minimum amount of cash and investment reserves.

Source: SL 2018, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-16. Delegation of powers and duties.

The authority may delegate by resolution to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper.

Source: SL 1972, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-17. Records maintained by authority--Certified copies.

The executive director or associate executive director, or other person designated by the authority, shall keep a record of the proceedings thereof and shall be custodian of all books, documents and papers filed with the authority, the minute books or journal thereof and its official seal. The executive director or associate executive director, or other person, may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.

Source: SL 1972, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-17.1. Informational budget required.

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature.

Source: SL 1984, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-18. Acceptance of loans and gifts.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to receive and accept from any public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts or other contributions from any source.

Source: SL 1972, ch 10, § 7 (11).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-19. Investment of surplus funds--Maturity of securities--Manner of investment.

The authority may invest any funds, including funds made available to the authority pursuant to § 1-16A-75, in the following:

(1) Bonds, notes, certificates of indebtedness, treasury bills, or other securities constituting direct obligations of, or obligations the principal of and interest on which are fully guaranteed or insured by, the United States of America;

(2) In obligations issued by or obligations the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States of America;

(3) In certificates of deposit or time deposits constituting direct obligations of any bank which is a "qualified public depository" or any savings and loan association which is a "savings and loan depository" under the Public Deposit Insurance Act pursuant to chapter 4-6A, unless sufficient volume of such certificates is not available at competitive interest rates. In that event, the authority may purchase noncollateralized direct obligations of any bank or savings institution or holding company if such institution or holding company is rated in the highest two quality categories by a nationally recognized rating agency;

(4) In obligations of any solvent insurance company or other corporation or business entity existing under the laws of the United States or any state thereof, provided the long term obligations of such insurance company or other corporation or business entity (or of any affiliate thereof which guarantees timely payment of the obligations to be in invested in) shall be rated in one of the two highest rating classifications established by a standard rating service of insurance companies or a nationally recognized rating agency;

(5) In short term discount obligations of the Federal National Mortgage Association;

(6) In obligations issued by any state of the United States or any political subdivision, public instrumentality, or public authority of any state of the United States, which obligations are not callable before the date the principal thereof will be required to be paid and which obligations are fully secured as to both sufficiency and timely payment by, and payable solely from, securities described in subdivision (1) and which obligations are rated in the highest investment classification by at least two standard rating services of such obligations.

Any such securities may be purchased at the offering or market price thereof at the time of such purchase. All such securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds will be required for expenditure or be redeemable is final and conclusive. Investment in any obligation enumerated in this section may be made either directly or in the form of securities of, or other interests in, an investment company registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933 and whose investments are limited to these obligations.

Source: SL 1972, ch 10, § 19; SL 1977, ch 10; SL 1979, ch 7, § 1; SL 1984, ch 5, § 1; SL 1986, ch 13, § 5; SL 1988, ch 13, § 5; SL 1998, ch 7, § 1; SL 2003, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-20. Location, construction, operation and maintenance of facilities--Designation of agent.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to determine the location and construction of any facility to be financed under the provisions of this chapter and to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same, to designate a participating health institution or a participating educational institution, as the case may be, as its agent to determine the location and construction of a facility undertaken by such participating health institution or a participating educational institution, as the case may be, under the provisions of this chapter and, as agent of the authority, to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same and as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility.

Source: SL 1972, ch 10, § 7 (6).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-21. Acquisition of property--Title taken.

The authority is authorized and empowered directly or by or through a participating health institution or participating educational institution, as the case may be, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights-of-way, franchises, easements, and other interests in lands, within or without the state, including lands lying under water and riparian rights which are located within or without the state as it may deem necessary or convenient for the construction or acquisition or operation of facilities but upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of such participating health institution or participating educational institution, as the case may be, as its agent.

Source: SL 1972, ch 10, § 9; SL 2004, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-22. Restrictions of other laws not applicable.

Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extensions of like facilities, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.

Source: SL 1972, ch 10, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-23. Public works laws not applicable--Competitive bidding not required.

Facilities are not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for the purposes of the authority or the lease, sale, or other disposition of property of the authority is not applicable to any action taken under authority of this chapter.

Source: SL 1972, ch 10, § 21; SL 1982, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-24. Mortgages for security of bondholders.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof.

Source: SL 1972, ch 10, § 7 (12).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-25. Operation of facilities restricted to leasing.

The authority shall not have the power to operate the facilities as a business other than as a lessor.

Source: SL 1972, ch 10, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-26. Leasing of facilities--Terms of lease--Option to purchase.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to lease to a participating health institution or a participating educational institution, as the case may be, any or all of the facilities upon such terms and conditions as the authority shall deem proper, and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the authority or to purchase any or all of the facilities or that upon payment of all of the indebtedness incurred by the authority for the financing of such facilities the authority may convey any or all of the facilities to the lessee or lessees thereof with or without consideration.

Source: SL 1972, ch 10, § 7 (7).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-27. Duration of leases--Rentals required.

Any lease of the facilities entered into pursuant to the provisions of this chapter shall be for a term not shorter than the longest maturity of any bonds issued to finance such facilities or a portion thereof and shall provide for rentals adequate to pay principal and interest on such bonds as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.

Source: SL 1972, ch 10, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-28. Establishment of rents and charges.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, generally to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and services furnished or to be furnished by facilities or any portion thereof and to contract with any person, firm, or corporation or other body public or private in respect thereof, provided that the authority shall have no jurisdiction over rates, rents, fees, and charges established by a participating educational institution for its students or established by a participating health institution for its patients.

Source: SL 1972, ch 10, § 7 (9).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-29. Rules and regulations for use of facilities.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to establish rules and regulations for the use of facilities and to designate a participating health institution or participating educational institution, as the case may be, as its agent, to establish rules and regulations for the use of the facilities undertaken or operated by such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (10).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-30. Laws and ordinances applicable to facilities.

All facilities shall be subject to the planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.

Source: SL 1972, ch 10, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-31. Loans to participating institutions--Maximum amount.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of any participating health institution or participating educational institution, as the case may be, for the cost of the facilities in accordance with an agreement between the authority and such participating health institution or participating educational institution, as the case may be. No such loan may exceed the total cost of such facilities as determined by such participating health institution or participating educational institution, as the case may be, and approved by the authority. Such loans may be made to an entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (13); SL 1998, ch 7, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-32. Refunding loans to participating institutions--Findings required.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of a participating health institution or participating educational institution, as the case may be, to refund outstanding obligations, mortgages or advances issued, made or given by such institution for the cost of its facilities including the function to issue bonds and make loans to a participating health institution or participating educational institution, as the case may be, to refinance indebtedness incurred for facilities undertaken and completed prior to or after the enactment of this chapter whenever the authority finds that such financing is in the public interest, alleviates a financial or contractual hardship upon the participating health institution or participating educational institution, as the case may be, or results in a lesser cost of patient care or cost of education and a saving to third parties, including state or federal governments, and to others who must pay for such care or education. Such loans may be made to any entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (14); SL 1998, ch 7, § 3; SL 2004, ch 9, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-33. Initial planning service fee to accompany applications.

When any application is made to the authority by any participating health institution or participating educational institution for financial assistance to provide for its facilities, such application shall be accompanied by an initial planning service fee in an amount determined by the authority, but in any event not exceeding the lesser of ten thousand dollars or one-fourth of one percent of the principal amount of bonds covered by such application. Such initial planning service fee shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not any such application is approved.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-34. Annual planning service fee payable to authority.

In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating health institution and each participating educational institution in an amount not exceeding one-fourth of one percent of the principal amount of bonds issued on behalf of such institution and outstanding on the first rental payment date under its lease and on each anniversary date thereafter. Such annual planning service fee shall be paid on said dates or in installments as may be satisfactory to the authority.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-35. Purpose of planning service fees--Agencies used in planning.

It is anticipated the fees required by §§ 1-16A-33 and 1-16A-34 shall be used for necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning and educational planning organizations and agencies at local, regional and state levels as well as the state statutory bodies having health or educational facilities planning responsibilities and also for necessary administrative expenses.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-36. Planning services and surveys obtained from other agencies.

In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this chapter.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-37. Proration of planning service fees between institutions.

In the event bonds are issued by the authority for the concurrent benefit of two or more participating health institutions or two or more participating educational institutions then the fees to be paid to the authority under §§ 1-16A-33 and 1-16A-34 shall be prorated among the institutions involved in accordance with the amount of bond proceeds allocated to each participating institution respectively.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-38. Issuance and refunding of bonds and obligations.

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to issue bonds, notes, or other obligations for any of its corporate purposes and to refund the same, all as provided for in this chapter.

Source: SL 1972, ch 10, § 7 (8).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-39. Terms and form of bonds issued.

The bonds may be issued as serial bonds or as term bonds or a combination of both types. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty years from the date thereof, may be payable at such place or places whether within or without the State of South Dakota, may bear interest at such rate or rates per annum as shall be determined by the authority and without regard to any interest rate limitation appearing in any other law, payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, either manually or by facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the authority, and may contain such provisions not inconsistent herewith, all as shall be provided in the resolutions of the authority whereunder the bonds shall be authorized to be issued or as shall be provided in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-40. Sale of bonds--Expenses of issuance.

The bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with the issuance thereof.

Source: SL 1972, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-41. Negotiability of bonds.

All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.

Source: SL 1972, ch 10, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-42. Bonds payable only from revenues.

All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the authority of the facilities concerned or of any thereof as may be designated in the resolutions of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-43. Pledge of revenues to secure bonds.

The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, rentals, and receipts out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged may be derived, including any enlargements of and additions to any such facilities thereafter made.

Source: SL 1972, ch 10, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-44. Pledge continuing until bonds paid.

Each pledge, agreement, lease, indenture, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made.

Source: SL 1972, ch 10, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-45. Maintenance, rental and funding agreements in bond resolution.

The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, all as the authority shall deem advisable and not in conflict with the provisions hereof.

Source: SL 1972, ch 10, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-46. Pooling of leases for pledge of revenues.

In addition to the foregoing, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of the facilities with two or more participating health institutions or participating educational institutions, as lessees respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-47. Bond redemption privileges retained.

If deemed advisable by the authority there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such resolutions or in such trust indenture, and as may be briefly recited in the face of the bonds, but nothing herein contained shall be construed to confer on the authority the right or option to redeem any bonds except as may be provided in the resolutions or in such trust indenture under which they shall be issued.

Source: SL 1972, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-48. Additional bonds for facilities or HEAL loans--Protection of prior bondholders.

Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or HEAL loans or any other facilities or HEAL loans or any other purpose hereunder, but the resolutions or trust indenture whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.

Source: SL 1972, ch 10, § 11; SL 1982, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-49. Remedies of bondholders on default.

In the event of default in payment of the principal of or interest on any bonds of the authority or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any mortgage and deed of trust, or any one or more of said remedies.

Source: SL 1972, ch 10, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-50. General obligation not created by issuance of bonds--Tax levy not promised.

Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof other than the authority or a pledge of the faith and credit of the state or of any such political subdivision other than the authority, but shall be payable solely from the funds herein provided therefor. The issuance of bonds under the provisions of this chapter shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment.

Source: SL 1972, ch 10, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-51. State debt not created--Disclaimer in bonds.

Nothing in this chapter shall be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all bonds issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon their general credit or against their taxing power.

Source: SL 1972, ch 10, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52. Pledge of full faith and credit of authority or institution.

Nothing contained in § 1-16A-50 or 1-16A-51 shall prevent or be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health institution or participating educational institution, as the case may be, to the payment of bonds authorized pursuant to this chapter.

Source: SL 1972, ch 10, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52.1. Financing through federally guaranteed securities authorized.

Notwithstanding any other provisions of this chapter to the contrary, the authority may finance the cost of an educational or health facility, or refund outstanding indebtedness incurred prior to or after the effective date of this section for the construction or acquisition of an educational or health facility, by issuing its bonds pursuant to a plan of financing involving the acquisition of any federally guaranteed security or securities or the acquisition or entering into of commitments to acquire any federally guaranteed security or securities. For the purposes of this chapter, "federally guaranteed security" shall mean any direct obligation of, or obligation the principal of and interest on which are fully guaranteed or insured by, the United States of America or any obligation issued by or the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States of America, including without limitation any such obligation that is issued pursuant to the National Housing Act (12 U.S.C. § 1701 et seq.), or any successor provision of law, each as amended from time to time.

Source: SL 1979, ch 7, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52.2. Commitments and agreements for financing through federally guaranteed securities.

In furtherance of the powers granted in § 1-16A-52.1, the authority may acquire or enter into commitments to acquire any federally guaranteed security and to pledge or otherwise use any such federally guaranteed security in such manner as the authority deems in its best interest to secure or otherwise provide a source of repayment of any of its bonds issued to finance or refinance health or educational facilities or to enter into any appropriate agreement with any participating health or educational institution whereby the authority may make a loan to any such participating health or educational institution for the purpose of acquiring or entering into commitments to acquire any federally guaranteed security. Any agreement entered into pursuant to this section may contain such provisions which are deemed necessary or desirable by the authority for the security or protection of the authority or the holders of such bonds. However, the authority, prior to making any such acquisition, commitment or loan, shall first determine, and shall first enter into an agreement with any such participating health or educational institution or any other appropriate institution or corporation to require that the proceeds derived from the acquisition of any such federally guaranteed security will be used, directly or indirectly, for the purpose of financing or refinancing a health or educational facility.

Source: SL 1979, ch 7, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52.3. Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds.

Any bonds issued pursuant to § 1-16A-52.1 shall not exceed in principal amount the cost of such educational or health facility as determined by the participating educational or health institution and approved by the authority. However such costs may include, without limitation, all costs and expenses necessary or incidental to the acquisition of or commitment to acquire any federally guaranteed security and to the issuance and obtaining of any insurance or guarantee of any obligation issued or incurred in connection with any federally guaranteed security. In other respects any such bonds shall be subject to the provisions of §§ 1-16A-39 to 1-16A-41, inclusive, and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in § 1-16A-45 as the authority may deem appropriate.

Source: SL 1979, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52.4. Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited.

If an educational or health facility is financed or refinanced pursuant to §§ 1-16A-52.1 to 1-16A-52.3, inclusive, the title to the facility shall remain in the participating educational or health institution owning the facility. The title is subject to the lien of any mortgage, if any, securing the federally guaranteed securities being purchased. There may not be a lease of the facility between the authority and the institution.

Source: SL 1979, ch 7, § 5; SL 2013, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-52.5. Return of securities to issuer when provision made for payment.

The provisions of § 1-16A-56 shall not apply to any educational or health facility financed pursuant to §§ 1-16A-52.1 to 1-16A-52.5, inclusive, but the authority shall return the securities purchased through the issuance of bonds thereunder to the issuer of such securities when such securities have been fully paid or when such bonds have been fully paid and retired or when adequate provision, not involving the application of such securities, has been made to pay and retire the same fully, all other conditions of the trust agreement or indenture creating such bonds have been satisfied and the lien thereof has been released in accordance with the provisions hereof.

Source: SL 1979, ch 7, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-53. Refunding bonds authorized--Amount.

Any bonds of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the authority may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums, commissions, service fees and other expenses necessary to be paid in connection therewith.

Source: SL 1972, ch 10, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-54. Methods of refunding--Maturity dates.

Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same facilities or separate facilities or for any other purpose hereunder, and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.

Source: SL 1972, ch 10, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-54.1. Bond issue authorized to refund securities of participating institution.

Source: SL 1976, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-54.2. Amount and terms of securities purchased--Mortgage--Insurance and guaranties.

Any securities purchased pursuant to § 1-16A-54.1 shall have the same principal amounts, maturities, and interest rates as the bonds being issued pursuant to § 1-16A-54.1. If the authority deems it advisable, the securities may be secured by a first mortgage lien on the educational or health facility being financed. If a mortgage is required, the securities are subject to any exception approved by the authority and created by a mortgage instrument satisfactory to the authority. The securities may be insured or guaranteed by others.

Source: SL 1976, ch 9, § 1; SL 2013, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-54.3. Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter.

Any bonds issued pursuant to § 1-16A-54.1 shall be secured by a pledge of the securities purchased pursuant to § 1-16A-54.1 under the trust agreement or indenture creating such bonds, shall be payable solely out of the payments to be made on such securities, and shall not exceed in principal amount the cost of such educational or health facility as determined by the participating educational or health institution and approved by the authority. In other respects any such bonds shall be subject to the provisions of §§ 1-16A-39 to 1-16A-41, inclusive, and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in § 1-16A-45 as the authority may deem appropriate.

Source: SL 1976, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-54.4. Title of financed facility to remain in participating institution--Mortgage--Lease prohibited.

If an educational or health facility is financed pursuant to §§ 1-16A-54.1 to 1-16A-54.3, inclusive, the title to the facility shall remain in the participating educational or health institution owning the facility. The title is subject to the lien of the mortgage, if any, securing the securities being purchased. There may not be a lease of the facility between the authority and the institution.

Source: SL 1976, ch 9, § 2; SL 2013, ch 5, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-55. Bonds of authority as legal investments.

The state and all counties, municipalities, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies, and associations, and all personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this chapter.

Source: SL 1972, ch 10, § 20; SL 1992, ch 60, § 2; SL 1993, ch 213, § 73.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-56. Conveyance of facility to participating institution when debt paid.

When the principal of and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions or participating educational institutions, as the case may be, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution, the lease, the trust indenture and the mortgage or deed of trust, if any, authorizing and securing the same have been satisfied and the lien of such mortgage or deed of trust has been released in accordance with the provisions thereof, the authority shall promptly do all things and execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such facilities so financed, and any other facilities mortgaged to secure the bonds, to such participating health institution or institutions or to such participating educational institution or institutions, as the case may be.

Source: SL 1972, ch 10, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-56.1. Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for.

The provisions of § 1-16A-56 shall not apply to any educational or health facility financed pursuant to §§ 1-16A-54.1 to 1-16A-54.4, inclusive, but the authority shall return the securities purchased through the issuance of bonds thereunder to the participating educational or health institution issuing such securities when such bonds have been fully paid and retired or when adequate provision has been made to pay and retire the same fully and all other conditions of the trust agreement or indenture creating such bonds have been satisfied and the lien thereof has been released in accordance with the provisions hereof.

Source: SL 1976, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-57. Expenses paid from authority funds--Borrowing for initial operation.

All expenses of the authority incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter, except that for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder, the authority shall be empowered to borrow moneys as may be required for such necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided for under this chapter.

Source: SL 1972, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-58. Tax exemption of authority.

The authority is hereby declared to be performing a public function in behalf of the state and to be a public instrumentality of the state. Accordingly, the income of the authority, and all properties at any time owned by the authority, shall be exempt from all taxation in the State of South Dakota.

Source: SL 1972, ch 10, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-59. Securities regulation.

For purposes of chapter 47-31B, bonds issued by the authority are deemed to be securities issued by a public instrumentality of the State of South Dakota.

Source: SL 1972, ch 10, § 14; SL 1989, ch 30, § 3; SL 2004, ch 278, § 54.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-60. Additional proceedings not required--Police power reserved.

No proceedings, referendum, notice, or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.

Source: SL 1972, ch 10, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-61. Powers supplementary.

The powers conferred by this chapter shall be in addition and supplementary to, and the limitations by this chapter shall not affect the powers conferred by any other law.

Source: SL 1972, ch 10, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-62. Powers under other law unimpaired.

Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.

Source: SL 1972, ch 10, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-63. Liberal construction of chapter.

This chapter shall be liberally construed to accomplish the intentions expressed herein.

Source: SL 1972, ch 10, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-64. Short title of chapter.

This chapter may be referred to and cited as the "South Dakota Health and Educational Facilities Authority Act."

Source: SL 1972, ch 10, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-65. Health education assistance loan program established.

There is established to be financed by the health and educational facilities authority created by this chapter, a South Dakota health education loan program pursuant to P.L. 94-484.

Source: SL 1982, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-66. Health education assistance loan program--Powers of authority.

The authority may, together with all powers incidental thereto or necessary for the performance thereof:

(1) Participate in the financing of HEAL loans;

(2) Purchase or participate in the purchase of HEAL loans;

(3) Sell or participate in the sale of HEAL loans;

(4) Collect and pay reasonable fees and charges in connection with making, purchasing and servicing or causing to be made, purchased or serviced HEAL loans;

(5) Do all things necessary and convenient to carry out the purposes of §§ 1-16A-65 to 1-16A-70, inclusive, in connection with the administering and servicing of HEAL loans, including contracting with any person, firm or other body public or private in respect thereof;

(6) Enter into agreements necessary to effect the guarantee, administering and servicing of HEAL loans; and

(7) Promulgate rules, establish standards for participation in the program administered by the authority under P.L. 94-484, and establish other administrative procedures consistent with P.L. 94-484.

Source: SL 1982, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-67. Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority.

Any HEAL loan made, caused to be made, purchased or caused to be purchased under §§ 1-16A-65 to 1-16A-70, inclusive, may be funded with the proceeds of bonds, notes or other obligations of the authority issued pursuant to §§ 1-16A-38 to 1-16A-41, inclusive, and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in § 1-16A-45 as the authority may deem appropriate, and in addition may contain such other provisions as the authority may deem reasonable and proper for the security of the holders of any such bonds, notes or other obligations of the authority. The proceeds of any bonds, notes or other obligations of the authority issued pursuant to this section may be used and applied by the authority to make, cause to be made, purchase or cause to be purchased, HEAL loans, to the payment of financing costs, including legal, underwriting and investment banking, accounting, rating agencies, printing and other similar costs; the funding of any reserve funds deemed necessary or advisable by the authority; interest on such bonds, notes or other obligations for any period deemed necessary or advisable by the authority; and all other necessary and incidental costs and expenses.

Source: SL 1982, ch 10, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-68. Health education assistance loan program--Payment of bonds.

Notwithstanding § 1-16A-42, all bonds issued by the authority pursuant to § 1-16A-67 shall be payable out of the revenues with respect to HEAL loans funded under this chapter, or from reserves or other money available for such purpose as may be designated in the resolution of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority.

Source: SL 1982, ch 10, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-69. Health education assistance loan program--Security for principal and interest of bonds.

Notwithstanding § 1-16A-43, the principal of and interest on any bonds issued by the authority pursuant to § 1-16A-67 shall be secured by a pledge of the revenues and other money out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust, including an assignment of the HEAL loans or other contract rights of the authority thereunder, covering all or any part of the HEAL loans from which the revenues or receipts so pledged may be derived.

Source: SL 1982, ch 10, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-70. Health education assistance loan program--Repayment fund created.

There is created a separate trust fund designated the South Dakota health education loan repayment fund consisting of all revenues with respect to HEAL loans funded under this chapter. The authority may pledge revenues received or to be received by the fund to secure bonds, notes or other obligations issued under § 1-16A-67. The authority may create sub-funds or accounts within the repayment fund created under this section as the authority deems necessary or advisable.

Source: SL 1982, ch 10, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16A-71

1-16A-71. Repealed by SL 1988, ch 12, § 8; SL 1988, ch 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-71.1. Repealed by SL 2012, ch 179, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16A-72

1-16A-72. Repealed by SL 1988, ch 12, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-72.1. Repealed by SL 2012, ch 179, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16A-73

1-16A-73. Repealed by SL 1988, ch 12, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-73.1 to 1-16A-73.12. Repealed by SL 2012, ch 179, §§ 12 to 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-73.13 to 1-16A-73.19. Repealed by SL 2012, ch 180, §§ 9 to 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-73.20 to 1-16A-73.27. Repealed by SL 2012, ch 179, §§ 24 to 31.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-74. Power to act as public instrumentality.

The authority is hereby designated and empowered to act as a public instrumentality and agency of the state exercising public and essential governmental functions for the purpose of reducing the cash flow difficulties faced by LEAs and other public bodies, improving the financial procedures of school districts and other public bodies, reducing the short-term borrowing costs of LEAs and other public bodies, financing capital improvements for vocational education, assisting public bodies in the financing of real property, equipment or other personal property and assisting public bodies, health institutions and educational institutions in the investment of funds intended for use or application in connection with any purpose, project or program authorized by this chapter.

Source: SL 1986, ch 13, § 1; SL 1987, ch 144, § 9; SL 1988, ch 13, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-74.1. Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations.

The authority shall establish or assist in the establishment of a funding program for the financing of real property, equipment, or other personal property by public bodies. Such assistance may include, without limitation, the issuance and sale of bonds or notes, the loaning of the proceeds thereof to public bodies or other sponsorship of any such financing, the investment of funds raised for the purchase or leasing of such real property, equipment, or other personal property by the authority in any investment described in § 1-16A-19, the purchase or lease of any such real property, equipment, or other personal property by the authority, the sale or lease of any such real property, equipment, or personal property to any public body and the execution of a trust agreement or similar or related agreements and instruments by the authority or other public bodies authorizing the issuance of certificates of participation for the financing thereof. In addition, the authority may pledge payments from public bodies or other revenues to secure repayment of certificates of participation or other evidences of indebtedness in connection with such program and may enter into such other agreements as its board may deem necessary or appropriate in order to accomplish the purposes described herein.

Notwithstanding any other provision of law, a school district may enter into a pooled funding agreement for capital outlay obligations, capital outlay installment, or lease-purchase agreements described in this section; however, the school district shall comply with the limitation on the principal amount and maturity date established in § 13-16-6 and with the limitation on levy amounts in § 13-16-7.

Source: SL 1988, ch 13, § 3; SL 1992, ch 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-75. Funding program for purchase of notes--Issuance of bonds or notes.

The authority shall establish a statewide funding program for the purchase from schools or cooperative educational service units of notes, whether issued under chapter 13-19 or otherwise, in anticipation of the receipt of moneys for school or cooperative educational service units purposes to alleviate cash flow difficulties and to otherwise improve the financial well-being of the schools or cooperative educational service units. The authority may issue its bonds or notes and use the proceeds therefrom for the purpose of making loans to or purchasing the notes of any school district or cooperative educational service units for the use of the various funds of the school district or cooperative educational service units for any lawful school district or cooperative educational service units purpose excluding debt service. Bonds or notes issued pursuant to §§ 1-16A-19, 1-16A-74 to 1-16A-76, inclusive, and 13-19-1.2 may be secured by a pledge of payments made to the authority by the school district or cooperative educational service units, to be derived from the receipt of anticipated funds, grants, aid or other moneys as may be evidenced by, or pledged to secure, the notes of the school district or cooperative educational service units, including a pooling of payments of notes from two or more participating school districts or cooperative educational service units.

Source: SL 1986, ch 13, § 2; SL 1991, ch 124, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-76. Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.

The authority, all school districts and other public bodies, and all officers or departments of the state dealing with the state or the authority pursuant to §§ 1-16A-19, 1-16A-74 to 1-16A-76, inclusive, and 13-19-1.2 are not subject to the jurisdiction of the federal bankruptcy courts or any successor thereof under the United States Constitution. Any contract, agreement, or other arrangement entered into by any or all of the school districts or other public bodies, the authority and any officers or departments of the state or the authority pursuant to § 1-16A-19, 1-16A-74 to 1-16A-76, inclusive, 1-16A-97 to 1-16A-99, inclusive, 13-19-1.2, 13-19-27, 13-19-29, 13-13-39, or 13-13-74 or in anticipation of or for the securing of the issuance of tax anticipation notes by any or all of the school districts, the issuance or agreement to issue warrants or general obligation refunding bonds by any or all of the school districts, the agreement by the authority and the school district or any officers or department of the state to purchase any or all of such notes, warrants, or general obligation refunding bonds or any related or similar agreement for the benefit of investors or any other third party or parties shall be valid, binding and enforceable when made in writing duly signed by the appropriate officers. All such agreements and other arrangements are not subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration or any other fact, occurrence or rule of law.

Source: SL 1986, ch 13, § 3; SL 1988, ch 13, § 4; SL 2015, ch 90, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16A-77

1-16A-77. Repealed by SL 2013, ch 6, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-78. Authority to issue education savings bonds.

The authority may designate bonds or certificates of participation described in § 1-16A-79 as South Dakota education savings bonds or certificates.

Source: SL 1990, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-79. Criteria for issuance of education savings bonds.

Bonds issued by the authority or certificates of participation issued in connection with an authority program may be eligible for designation by the authority pursuant to § 1-16A-78 if the authority determines that the following criteria are satisfied:

(1) The bonds or certificates are structured and are to be marketed initially in such a manner as to attract a broad range of investors including parents, guardians or conservators, grandparents or other family members who are interested in planning for the education of children;

(2) The bonds or certificates, at the time such instruments are designated as education savings bonds or certificates, are either:

(a) Rated in one of the three highest rating categories by one or more nationally recognized organizations which regularly rate such obligations, without regard to any modifier such as a plus or minus, arabic numeral or similar designation; or

(b) Otherwise determined by the authority pursuant to § 1-16A-80 to be eligible for designation as education savings bonds or certificates; and

(3) The bonds or certificates are either current interest obligations, capital appreciation bonds, zero-coupon, deep discount, or comparable instruments and the maturity dates of such instruments are structured to the extent possible to accommodate the financing needs of the authority or the entity or program on whose behalf the instruments are being issued and to fulfill the needs of persons planning on using the proceeds of such instruments for educational purposes.

Source: SL 1990, ch 10, § 2; SL 1993, ch 213, § 74.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-80. Additional criteria for issuance of education savings bonds.

In lieu of satisfaction of the criteria set forth in subsection 1-16A-79(2)(a), bonds or certificates may be designated by the authority as education savings bonds or certificates if the authority determines it is appropriate after considering the following factors:

(1) The existence of a secondary market for comparable securities or instruments;

(2) The current applicability of a comparable rating assigned to one or more other bonds or other evidences of indebtedness issued on behalf of the person, entity, or program which is being financed with the proceeds of the bonds or certificates under consideration by the authority;

(3) A pledge of state aid or financial assistance or its equivalent to support repayment of such bonds, certificates, or other instruments, whether directly or indirectly;

(4) The security and source of revenues pledged to such bonds, certificates, or other instruments; or

(5) Such other factors or considerations as the authority may deem appropriate in reaching such determination.

Source: SL 1990, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-81. Discounted sale of education savings bonds--Interest--Payment at maturity.

Education savings bonds or certificates of participation may be sold at any discount to be determined by the authority, need not bear a stated rate of interest, and may be payable in one payment at maturity on a fixed date.

Source: SL 1990, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-82. Sale of education savings bonds--Computation of aggregate principal.

Education savings bonds or certificates may be sold either at a competitive or negotiated sale. For purposes of computing the aggregate principal amount of bonds or certificates issued or outstanding at any one time, education savings bonds or certificates shall be considered to be issued and outstanding in a principal amount equal to the price paid to the authority for such bonds or certificates as of the date of their sale.

Source: SL 1990, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-83. Plan of implementation for issuance and sale of education savings bonds.

The authority may develop a plan of implementation for the issuance and sale of bonds or certificates of participation as education savings bonds or certificates, including:

(1) The advertising to inform the public about the availability of such bonds or certificates;

(2) The marketing and financing of the issue and sale; and

(3) The establishment of specific increments, maturities, and denominations in which such bonds or certificates shall be marketed in order to make the bonds or certificates affordable and funds available at the time when such funds are needed to pay education costs.

Upon the request of the authority, the State Board of Regents, the state treasurer, and any department, agency, or state authority may assist the authority in the preparation and implementation of such plan.

Source: SL 1990, ch 10, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-84. Designation by authority required for education savings bonds.

No bond, certificate, or other evidence of indebtedness may be designated or described in a manner suggesting qualification as an education savings bond or certificate unless such bond, certificate, or other evidence of indebtedness has been so designated by the health and educational facilities authority pursuant to the provisions of this chapter.

Source: SL 1990, ch 10, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-85. Pool arrangement defined.

For the purposes of §§ 1-16A-85 to 1-16A-88, inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtain coverage for property, personal injury, and workers' compensation claims or group life, health, or accident coverage.

Source: SL 1991, ch 11, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-86. Authority as funding authority for pool arrangement.

The authority is hereby authorized as a funding authority for any pool arrangement. To implement this authorization, the authority may establish a program for, or issue and assist others in the issuance of, revenue bonds, certificates of participation or any other instruments to accomplish any objective of any such pool arrangement, including capitalization of the pool, provision of excess claims funds or assisting in other funding objectives. The authority may exercise any or all powers enumerated in this chapter, including the establishment of a program for, or the issuance of, revenue bonds, certificates of participation or other instruments to provide funding for any purpose of a pool arrangement.

Source: SL 1991, ch 11, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-87. Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.

In addition to the authorization granted by § 1-16A-86, the authority may establish a program for, or issue or assist others in the issuance of, bonds, certificates of participation or other instruments that directly or indirectly constitute a debt or other obligation of one or more participating public agencies and which may be secured directly or indirectly by the proceeds of irrepealable tax levies of the participating public agencies.

Source: SL 1991, ch 11, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-88. Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.

Any revenue bond, certificate of participation or other instrument which is not directly or indirectly secured for payment of principal and interest by the proceeds of irrepealable tax levies shall state on its face that it is not secured for payment by irrepealable tax levies of the state or any political subdivision, that it is payable only out of certain specified funds or revenues therein described and that it does not constitute a debt or liability of the state or any political subdivision.

Source: SL 1991, ch 11, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-89. Credit enhancement obligation--Conditions.

No credit enhancement obligation is valid unless the authority adopts a resolution which finds and determines the following:

(1) The bonds or other obligations to be secured by such credit enhancement obligation are to be issued for the purpose of financing or refinancing property, real or personal, or related costs incurred by a health institution which owns or operates a hospital which presently provides or intends to provide hospital services to all or a portion of the residents of the municipality or county which is proposing to issue the credit enhancement obligation;

(2) The participating health institution which is obligated to make payments in amounts and at the times required to repay the bonds or other obligations to be secured by the credit enhancement obligation are reasonably expected to have sufficient funds available for such purposes;

(3) The credit enhancement obligation and any bonds or other obligations to be issued by the authority, municipality or county in connection therewith do not contain provisions which will require credit enhancement obligation payments by the municipality or county in any fiscal year of the municipality or county prior to the year in which a principal payment, sinking fund installment or comparable redemption payment amount is otherwise scheduled to become due; and

(4) If deemed advisable by the authority, the participating health institution shall agree to one or more financial or operational covenants which, if not complied with, may result in the authority or a financial institution requiring the participating health institution to take certain actions including, without limitation, the retaining of an independent consultant to study the operations of the participating health institution and recommend improvements therein.

Source: SL 1992, ch 3, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-90. Agreements with other entities involving credit enhancement obligations.

In connection with any loan to, lease with, or other financing agreement for the benefit of a participating health institution, the authority may enter into any agreements it deems necessary or appropriate with the participating health institution, any municipality or county, any financial institution and others. In connection therewith, the authority may pledge any of its rights, title, and interests in, to and under any credit enhancement obligation for the purpose of securing repayment of bonds or other obligations issued to finance or refinance the costs of property, real or personal, and related costs incurred by a participating health institution which owns or operates a hospital which presently provides or intends to provide services to all or a portion of the residents of the municipality or county which issues such credit enhancement obligation.

Source: SL 1992, ch 3, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-91. Issued indebtedness for accounts receivable program.

The authority may participate in and issue bonds and other forms of indebtedness for the purpose of establishing and maintaining an accounts receivable program on behalf of one or more participating health institutions. Such bonds and other evidences of indebtedness shall be issued payable from the revenues derived from the accounts receivable, and any other provisions of this chapter to the contrary notwithstanding, such bonds and other evidences of indebtedness may be issued with or without recourse to the participating health institution or institutions from which the accounts receivable are purchased.

Source: SL 1994, ch 8, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-92. Authority may contract to manage payment or interest rate risk for bonds.

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.

Source: SL 2003, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-93. Proposed issuance of obligations--Determination of board.

Any bonds, notes or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A may only be issued if the Board of Technical Education determines, by the adoption of a resolution, that the estimated receipts, rentals, and other payments, including appropriations by the Legislature, student fee payments, or other balances or revenues pledged under the applicable bond indenture or similar agreement will not be less than one hundred three percent of the projected scheduled payments of principal and interest on all outstanding bonds which, for purposes of that determination shall include the proposed bonds to be issued and shall exclude any bonds to be refunded. Proposed issuance of obligations must comply with §§ 4-7-46 and 4-7-47. In issuing additional bonds, the authority may conclusively rely upon the determination of the board.

Source: SL 2013, ch 6, § 1; SL 2015, ch 6, § 1; SL 2017, ch 81, § 48; SL 2020, ch 61, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-94. Promulgation of rules establishing forecasting methodology.

The South Dakota Board of Technical Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to meet the projected scheduled payments of principal and interest on all outstanding bonds and other benchmarks.

Source: SL 2013, ch 6, § 2; SL 2017, ch 81, § 49.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-95. Issuance of additional obligations--Legislative approval.

The issuance of any additional bonds, notes, or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be approved by the Legislature before issuance. The board shall approve the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the board's analysis prior to authorizing any additional bonds, notes, or other obligations. The requirement, however, for approval by the Legislature before issuance does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

Source: SL 2013, ch 6, § 3; SL 2014, ch 93, § 12, eff. Mar. 28, 2014; SL 2015, ch 6, § 2; SL 2017, ch 81, § 50; SL 2018, ch 9, § 1; SL 2020, ch 61, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-96. Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.

Any lease payments made to the authority pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be paid in part from an appropriation to be made by the Legislature in an amount that is equal to twenty-seven percent of the current year lease purchase agreement payments.

No provision of chapter 81 of the 2017 Session Laws adversely affects any of the covenants or other agreements of the South Dakota Board of Education or the secretary of education in the lease purchase agreement with the authority dated August 1, 1988, as amended and supplemented, for the benefit of the holders of any bonds issued by the authority, and such covenants and agreements in the lease purchase agreement dated August 1, 1988, as amended and supplemented, are hereby ratified and confirmed.

Source: SL 2013, ch 6, § 6; SL 2015, ch 6, § 3; SL 2016, ch 109, § 17; SL 2017, ch 81, § 51; SL 2020, ch 61, § 31.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-97. Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.

The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that are secured by a pledge of state aid to education funds as provided in §§ 13-19-27 and 13-19-29. The authority may enter into agreements with school districts, paying agents, trustees, and the state to implement the provisions of the program. The authority may provide other arrangements and procedures for determining the minimum requirements and related terms and conditions applicable to the pledge of state aid to education funds and the applicable contractual provisions for providing notice and implementing the pledge and payments consistent with §§ 13-19-27, 13-19-29, and 13-13-39.

Source: SL 2015, ch 90, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-98. State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.

No capital outlay certificate issued or lease purchase agreement entered into as part of a program sponsored by the authority or secured by a pledge of state aid to education funds may be or become a lien, charge, or liability against the state or the authority, nor against the property or funds of the state or the authority within the meaning of the Constitution or laws of South Dakota.

Source: SL 2015, ch 90, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16A-99. Contracts made by school district, state, or authority not to be impaired.

The state pledges to and agrees with the holders of capital outlay certificates issued or any lease purchase agreement as part of a program sponsored by the Health and Educational Facilities Authority or secured by a pledge of state aid to education funds that the state will not limit or alter the pledge of state aid to education funds or the provision of this section governing the pledge or the terms provided in §§ 13-19-27, 13-19-29, and 13-13-39, inclusive, so as to impair the terms of any contract made by the school district, the state, or the authority. The school district, state, or authority may not impair the rights and remedies of the holders until the capital outlay certificates or lease purchase obligation, together with interest on the certificates and obligations and all costs and expenses in connection with any action or proceedings by or on behalf of the holders are fully met or discharged. In addition, the state pledges to and agrees with the holders that the state may not limit or alter the basis on which state aid to education funds pledged under the authority of any provision of §§ 1-16A-76, 1-16A-97 to 1-16A-99, inclusive, 13-19-27, 13-19-29, 13-13-39, and 13-13-74 are to be paid to the authority or any financial institution designated by the authority so as to impair the terms of the contract. The school district and authority may include the pledges and agreements of the state in any contract with the holders of capital outlay certificates issued or any lease purchase obligation secured pursuant to §§ 13-19-27, 13-19-29, and 13-13-39, inclusive, or otherwise secured by a pledge of state aid to education funds.

Source: SL 2015, ch 90, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-16B

ECONOMIC DEVELOPMENT FINANCE AUTHORITY

1-16B-1 Definitions.

1-16B-2 1-16B-2. Repealed by SL 1986, ch 14, § 2.

1-16B-3 Repealed

1-16B-4 Repealed

1-16B-5 1-16B-5. Repealed by SL 1986, ch 14, § 4.

1-16B-6 Repealed

1-16B-7 Finance authority created.

1-16B-8 Board of directors--Appointment of members.

1-16B-9 Quorum of board--Action by majority present.

1-16B-10 Commissioner as chief administrative officer.

1-16B-11 Staff services to authority--Funds from which expenses paid.

1-16B-12 Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.

1-16B-13 1-16B-13. Obsolete.

1-16B-14 Powers of authority.

1-16B-14.1 Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

1-16B-15 Power to issue notes and bonds--Maximum outstanding.

1-16B-16 Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds.

1-16B-17 Notes and bonds as general obligations of authority--Funds from which payable.

1-16B-18 Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale.

1-16B-19 State pledge not to impair powers of authority--Inclusion in terms of notes or bonds.

1-16B-20 Obligations payable only from assets of authority--Statement on face of obligations.

1-16B-21 Repurchase and cancellation of notes and bonds--Maximum price paid.

1-16B-22 Issuance of refunding obligations--Terms governed by chapter.

1-16B-23 Disposition of refunding obligations--Application or investment of proceeds.

1-16B-24 Bonds and notes as legal investments for public and fiduciary funds.

1-16B-25 Appointment of trustee on default in payment of bonds or notes.

1-16B-26 Trustee's powers in protection of bondholders or noteholders.

1-16B-27 Notice required of trustee before declaring principal due.

1-16B-28 Incidental powers of trustee.

1-16B-29 Capital reserve fund required--Moneys paid in.

1-16B-30 Amounts required in capital reserve fund.

1-16B-31 Application of capital reserve fund--Transfer of income.

1-16B-32 Bonds and notes not issued when capital reserve below required amount.

1-16B-33 Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds.

1-16B-34 Establishment of loan funds--Investment.

1-16B-35 Cooperation with local agencies.

1-16B-36 Determination of desirability of development projects.

1-16B-37 Power to make loans to local agencies--Repayment provisions.

1-16B-38 Maximum loan to local agency--Vote required for approval.

1-16B-39 1-16B-39. Repealed by SL 1986, ch 14, § 11.

1-16B-40 Application by local agency for loan--Contents.

1-16B-41 Loans made only when other loans not available.

1-16B-42 Preference to projects for processing raw materials produced in state.

1-16B-43 Maximum percentage of cost loaned to local agency--Assurances as to other financing.

1-16B-44 Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency.

1-16B-45 Pledge to United States not to impair powers of authority.

1-16B-46 Terms of loan to local agency--Subordination to other loans.

1-16B-47 Foreclosure to take title to development project--Sale or lease.

1-16B-48 Annual reports of authority--Contents.

1-16B-49 Cumulative rights and powers of authority.

1-16B-50 Annual action plan--Annual informational report.

1-16B-51 1-16B-51. Repealed by SL 1995, ch 4, § 1.

1-16B-52 Issuance of bonds and obligations--Additional proceedings not required--Transferred rights, powers, privileges, and functions supplementary--Liberal construction.

1-16B-53 Preferred development project defined.

1-16B-54 Direct mortgage loans for preferred development projects.

1-16B-55 Authority may contract to manage payment or interest rate risk for bonds.

1-16B-56 Value Added Finance Authority Abolished--Duties and responsibilities transferred--Economic Development Finance Authority and Board of Economic Development.

1-16B-57 Duties and goals--Agricultural production.

1-16B-58 Lending power of authority.

1-16B-59 Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.

1-16B-60 Pledges by authority.

1-16B-61 Redemption of bonds.

1-16B-62 Trust indenture securing authority bonds.

1-16B-63 Proceeds of bonds--Investments.

1-16B-64 Bonds as negotiable instruments.

1-16B-65 Execution of bonds--Seal.

1-16B-66 Immunity from personal liability on bonds.

1-16B-67 Conflict of interest --Disclosure--Participation in transaction.

1-16B-68 Tax exemption--Filing fee exemption.

1-16B-69 Bonds as authorized investments and securities for deposits.

1-16B-70 Promulgation of rules.

1-16B-71 Liberal construction of chapter.

1-16B-72 Disposition of authority assets on dissolution.

1-16B-73 Compliance with Internal Revenue Code.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-1. Definitions.

Terms used in this chapter mean:

(1) "Agricultural enterprise," the acquisition, construction, reconstruction, rehabilitation, or improvement of land, buildings, improvements thereto, or personal property located in the state that are necessary or suitable for use in farming, ranching, or the production of agricultural commodities or necessary or suitable for treating, processing, storing, or transporting raw agricultural commodities;

(2) "Authority," the South Dakota Economic Development Finance Authority created by this chapter;

(3) "Beginning farmer," an individual or partnership with a low or moderate net worth that engages in or wishes to engage in farming or ranching;

(4) "Board," the board of directors of the authority;

(5) "Bonds," bonds, notes and certificates, and bond, grant, or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money;

(6) "Business enterprise," a work or improvement located within the state including real property, buildings, equipment, furnishings and, any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority or through loans made by the authority and which is designed and intended for the purpose of providing facilities for manufacturing, industry, processing, warehousing, commerce (including wholesale or retail trade), recreation, hotel, office, research, business (whether or not for profit), or other related purposes, including the machinery and equipment necessary or desirable for the operation thereof;

(7) "Cost" or "Cost of establishing a development project," any or all of the following:

(a) The cost of construction, including the cost of acquisition and remodeling of existing buildings and structures, demolishing, removing, or relocating existing buildings or structures, the construction of new buildings and structures, and heating, air conditioning, lighting, and plumbing;

(b) The cost of all lands, property, rights, easements, and franchises acquired, that are necessary for the construction;

(c) Financing charges, interest prior to and during construction, the cost of engineering, legal expenses, plans, specifications, surveys, and necessary reserves;

(d) Estimates of costs and other expenses necessary or incidental to determining the feasibility or practicability of any development project together with any other expenses necessary or incidental to the financing and construction of the development project and the placing of the development project in operation; and

(e) The cost of acquisition and installation of machinery, equipment, and other tangible personal property;

(8) "Development project," any site, structure, facility, service, utility, or undertaking comprising, serving, or being a part of any industrial or agricultural or nonagricultural products, storage, distribution, or manufacturing enterprise;

(9) "Enterprise," except when a part of the term, business enterprise, any person, partnership, firm, limited liability company, company, or corporation, organized for profit or not, which is determined by the authority, after proper investigation, to be financially responsible to assume all loan payments and all other obligations prescribed by the authority in the purchase of a development project and in the operation of an industrial, processing, storage, distribution, or manufacturing enterprise therein or thereon;

(10) "Lender," any federal or state chartered bank, insurance company, credit union, mortgage loan company, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company, or any other institution or association qualified within this state to originate and service loans;

(11) "Working capital needs of business," the requirements of any manufacturing, industrial, processing, warehousing, commercial (including wholesale or retail trade), recreational, hotel, office, research, farming, or ranching enterprise located in the state or enterprise located in the state engaged in the production of agricultural commodities to finance cash flow, inventory, receivables or other current assets or to finance the cost of operating expenses of the enterprise or any combination of the foregoing.

Source: SL 1978, ch 9, § 1(1) to (3); SL 1986, ch 14, § 1; SL 2009, ch 1, § 3; SL 2020, ch 4, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16B-2

1-16B-2. Repealed by SL 1986, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-3. Repealed.

Source: SL 1978, ch 9, § 1(5); SL 1986, ch 14, § 3; SL 2009, ch 1, § 4; SL 2020, ch 4, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-4. Repealed.

Source: SL 1978, ch 9, § 1 (8); SL 1987, ch 16, § 1; SL 2009, ch 1, § 5; SL 2020, ch 4, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16B-5

1-16B-5. Repealed by SL 1986, ch 14, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-6. Repealed.

Source: SL 1978, ch 9, § 1(7); SL 1986, ch 14, § 5; SL 1994, ch 351, § 1; SL 2009, ch 1, § 6; SL 2020, ch 4, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-7. Finance authority created.

There is hereby created a body corporate and politic to be known as the South Dakota Economic Development Finance Authority.

Source: SL 1978, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-8. Board of directors--Appointment of members.

The board of directors of the authority consists of seven members. The Governor shall appoint seven members to the board for four-year staggered terms. No more than five members of the board may be members of the same political party.

Source: SL 1978, ch 9, §§ 3, 39; SL 1982, ch 17, § 32; SL 1986, ch 14, § 6; SL 1987, ch 16, § 2; SL 2009, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-9. Quorum of board--Action by majority present.

A majority of the members constitutes a quorum of the board of directors for the purpose of organizing the authority and conducting business. Except when passing upon loan applications, any action may be taken by a vote of a majority of the members present, unless the rules of the board require a larger number.

Source: SL 1978, ch 9, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-10. Commissioner as chief administrative officer.

The commissioner of the Governor's Office of Economic Development shall serve as the chief administrative officer and direct and supervise the administration and technical affairs of the authority.

Source: SL 1978, ch 9, § 4; SL 1982, ch 17, § 33; SL 1987, ch 16, § 3; SL 2005, ch 10, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 84, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-11. Staff services to authority--Funds from which expenses paid.

All staff services required by the South Dakota Economic Development Finance Authority shall be provided by the Governor's Office of Economic Development, and all expenses incurred in carrying on the work of the authority, including the per diem and travel expenses of the authority board, payment of bond premiums which may be required of its officers and members, and any other items of expense, shall be paid out of funds appropriated or otherwise made available to the Governor's Office of Economic Development.

Source: SL 1978, ch 9, § 34; SL 1982, ch 17, § 34; SL 1987, ch 16, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-12. Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.

The Economic Development Finance Authority may authorize a trustee to transfer any income from the capital reserve fund to a general account also in the custody of a trustee. The money in the authority's accounts is hereby continuously appropriated to the authority to carry out the purposes of this chapter.

Source: SL 1978, ch 9, § 37; SL 1994, ch 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16B-13

1-16B-13. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-14. Powers of authority.

The authority may exercise all powers necessary or appropriate to carry out the purposes of this chapter, including the following:

(1) To conduct examinations and to hear testimony and take proof, under oath or affirmation at public or private hearings, on any matter material for the authority's information and necessary to the establishment of development projects hereunder or other determinations related to the exercise of the authority's lawful powers;

(2) To authorize any member or members of the authority to conduct hearings, administer oaths, and take affidavits;

(3) To sue and be sued;

(4) To adopt, use, and alter a corporate seal;

(5) To enter into agreements with any federal agency;

(6) To procure insurance against any loss in connection with the property and other assets, including loans and loan notes in any amounts and from any insurers as the authority considers advisable;

(7) To borrow money and issue bonds as provided by this chapter;

(8) To procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities, including any department, agency, or instrumentality of the United States, for payment of all or any portion of any bonds issued by the authority, including the power to pay premiums, fees, or other charges on the insurance, letters of credit, guarantees, or credit arrangements;

(9) To receive and accept from any source aid or contributions of moneys, property, labor, or other things of value to be held, used and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

(10) To enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders or others and enter into loan agreements, sales contracts and leases or other financing arrangements with a beginning farmer or other contracting parties in connection with the beginning farmer bond program or for the purpose of planning, regulating, and providing for the financing or refinancing of any agricultural and business enterprises or financing or refinancing the working capital needs of businesses;

(11) To enter into contracts or agreements with lenders for the servicing and processing of loans or with any person or entity providing credit enhancement for the bonds of the authority;

(12) To provide technical assistance to local public bodies and to profit and nonprofit entities in the development or operation of agricultural and business enterprises and distribute data and information concerning the encouragement and improvement of agricultural and business enterprises;

(13) To the extent permitted under the authority's contract with the holders of bonds of the authority, to consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(14) To the extent permitted under the authority's contract with the holders of bonds of the authority, to enter into contracts with any lender containing provisions enabling the lender to reduce the rental or carrying charges to persons unable to pay the regular schedule or charges when, by reason of other income or payment by any department, agency, or instrumentality of the United States or of this state, the reduction can be made without jeopardizing the economic stability of the agricultural or business enterprise being financed;

(15) To collect fees and charges, as the authority determines to be reasonable, in connection with the authority's loans, advances, insurance, commitments, servicing, and other activities;

(16) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency;

(17) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority;

(18) To purchase the equity of redemption in any mortgage, deed of trust, debenture, bond, or other security interest;

(19) To mortgage, pledge, assign, or grant security interests in any or all of the authority's notes or other instruments, contract rights or other property, including, without limitation to, any receipts from insurance on or guarantees of any of the authority's notes or other instruments, as security for the payment of the principal of, premium, if any, and interest on any bonds issued by the authority, or as security for any credit enhancement or other agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which the bonds are payable and any other available revenues or assets as security for the payment of the principal of, premium, if any, and interest on the bonds and any agreements made in connection therewith;

(20) To enter into agreements for management on behalf of the authority of any of the authority's properties upon the terms and conditions as may be mutually agreeable;

(21) To sell, exchange, donate, and convey any or all of the authority's properties whenever the authority determines the action is in furtherance of the purposes for which the corporation was organized;

(22) To do any act and execute any instrument which in the authority's judgment is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(23) To assign the loans or security documents or other instruments to bondholders as security without recourse;

(24) To acquire, hold, and dispose of real and personal property for the authority's purposes; and

(25) To foreclose any mortgages, deeds of trust, notes, debentures, bonds, and other security interests held by the authority, either by action or by exercise of a power of sale, and to sell the equity of redemption in the security interests in accordance with the terms of the instruments and applicable state law, and to take all other actions necessary to enforce any obligation held by the authority.

Source: SL 1978, ch 9, § 8 (3), (4), (6) to (10); SL 2009, ch 1, § 7; SL 2020, ch 4, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-14.1. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

Any documentary material or data made or received by the Economic Development Finance Authority for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, may not be considered public records, and shall be exempt from disclosure. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the Economic Development Finance Authority in executive session.

Source: SL 1988, ch. 17, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-15. Power to issue notes and bonds--Maximum outstanding.

The authority may issue negotiable notes and bonds in such principal amounts as it shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes. The total outstanding amount of such notes and bonds may not exceed three hundred million dollars at any time.

Source: SL 1978, ch 9, § 9; SL 1986, ch 14, § 7; SL 1990, ch 11, § 5; SL 1991, ch 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-16. Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds.

The authority may issue notes, renew notes and bonds, pay notes and the interest thereon, refund any bonds by the issuance of new bonds whenever it deems refunding expedient whether the bonds to be refunded have or have not matured, and issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds shall be refunded or sold and the proceeds applied to the purchase, redemption, or payment of such bonds.

Source: SL 1978, ch 9, § 10; SL 2009, ch 1, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-17. Notes and bonds as general obligations of authority--Funds from which payable.

Except as may otherwise be expressly provided by resolution of the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

Source: SL 1978, ch 9, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-18. Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale.

Notes and bonds shall be authorized by resolution of the authority, shall bear the dates and shall mature at the times the resolution provides, except that no bond may mature more than twenty years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments, or as term bonds, or as a combination thereof. The notes and bonds shall bear interest at the rate, be in denominations, be either coupon or registered, carry registration privileges, be executed in the manner, be payable in the medium of payment and at the place, and be subject to the terms of redemption that the resolution provides. The notes and bonds of the authority may be sold by the authority at public or private sale at the price determined by the authority.

Source: SL 1978, ch 9, § 12; SL 2009, ch 1, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-19. State pledge not to impair powers of authority--Inclusion in terms of notes or bonds.

The state hereby pledges and agrees with the holder of any notes or bonds issued under this chapter that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreement made with any holder or impair the rights and remedies of any holder until the notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs in connection with any proceeding on behalf of any holder, are fully met and discharged. The authority may include this pledge and agreement in any agreement with the holder of any notes or bonds.

Source: SL 1978, ch 9, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-20. Obligations payable only from assets of authority--Statement on face of obligations.

No obligation issued under the provisions of this chapter constitutes a debt or liability or obligation of the state or any political subdivision or a pledge of the faith and credit of the state or any political subdivision but is payable solely from the revenue or assets of the authority. Each obligation issued under this chapter shall contain on its face a statement that the authority is not obligated to pay the principal or interest except from the revenues or assets pledged and that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal or interest on the obligation.

Source: SL 1978, ch 9, § 26; SL 2009, ch 1, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-21. Repurchase and cancellation of notes and bonds--Maximum price paid.

The authority, subject to agreements with noteholders or bondholders may purchase notes or bonds of the authority, which shall thereupon be canceled, at a price not exceeding:

(1) If the notes or bonds are then redeemable, the redemption price then applicable, plus accrued interest to the next interest payment thereon; or

(2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to the date.

Source: SL 1978, ch 9, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-22. Issuance of refunding obligations--Terms governed by chapter.

The authority may issue refunding obligations to retire outstanding obligations which have been issued under the provisions of this chapter, including any redemption premium and interest accrued or which will accrue by the date of redemption or for any corporate purpose of the authority. The issuance of refunding obligations, the maturities and other details thereof, the rights of holders thereof, and the rights, duties, and obligations of the authority in respect to the same shall be governed by the provisions of this chapter which relate to the issuance of obligations where appropriate.

Source: SL 1978, ch 9, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-23. Disposition of refunding obligations--Application or investment of proceeds.

Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter, and, if sold, the proceeds may be applied to any authorized purpose or to the purchase, redemption or payment of outstanding obligations. The proceeds from any refunding obligation may be invested by the state investment officer, under the provisions of chapter 4-5, until they are required for the retirement of outstanding obligations.

Source: SL 1978, ch 9, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-24. Bonds and notes as legal investments for public and fiduciary funds.

The state and all counties, municipalities, political subdivisions, public bodies, public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter.

Source: SL 1978, ch 9, § 27; SL 1993, ch 213, § 75.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-25. Appointment of trustee on default in payment of bonds or notes.

If the authority is in default in the payment of principal or interest on any bonds or notes issued under this chapter for a period of thirty days, or if the authority fails to comply with the provisions of this chapter or defaults in any agreement with the holders of bonds or notes of the authority, the holders of twenty-five percent of the aggregate principal amount of the outstanding bonds or notes of that issue may appoint a trustee to represent them by filing the appointment with the secretary of state.

Source: SL 1978, ch 9, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-26. Trustee's powers in protection of bondholders or noteholders.

The trustee may, and upon written request of the holders of twenty-five percent of the principal amount of the outstanding bonds or notes shall, in the trustee's own name:

(1) Enforce all rights of the bondholders or noteholders, including the rights to require the authority to collect interest and amortization payments on the mortgages held by it, adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, to collect and enforce the payment of principal and interest due or becoming due on loans to mortgage lenders and collect and enforce any collateral securing such loans or sell such collateral, so as to carry out any contract as to, or pledge of such revenues, and to require the authority to perform the terms of any contract with the holders of the bonds or notes and to perform its duties under this chapter;

(2) Bring suit upon all or any part of the bonds or notes;

(3) Require the authority to account as if it were the trustee of an express trust for the holders of the bonds or notes;

(4) Enjoin any acts which may be unlawful or in violation of the rights of the holders of the bonds or notes;

(5) Declare all bonds or notes due and payable, and, if all defaults shall be made good, then, with the consent of the holders of twenty-five percent of the principal amount of the outstanding bonds or notes, annul the declaration and its consequences.

Source: SL 1978, ch 9, § 22; SL 2009, ch 1, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-27. Notice required of trustee before declaring principal due.

Before declaring the principal of bonds or notes due and payable, the trustee shall give thirty days' notice in writing to the Governor, the authority, and the attorney general.

Source: SL 1978, ch 9, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-28. Incidental powers of trustee.

The trustee may also exercise any functions specifically set forth in this chapter or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

Source: SL 1978, ch 9, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-29. Capital reserve fund required--Moneys paid in.

The authority shall establish a capital reserve fund and shall pay into the capital reserve fund any moneys appropriated or made available by the state for the fund, any proceeds from the sale of notes or bonds to the extent provided in the authorizing resolution, and any other moneys which may be made available to the authority for the fund from any other source.

Source: SL 1978, ch 9, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-30. Amounts required in capital reserve fund.

The maximum annual debt service shall be the capital reserve requirement. For purposes of computing the capital reserve requirement, the annual debt service for any fiscal year shall be equal to the sum of all interest payable during the fiscal year on all bonds outstanding on the date of computation, plus the principal amount of all bonds and notes outstanding on that date which mature during the fiscal year, all calculated on the assumption that bonds and notes will after that date cease to be outstanding. The moneys in the capital reserve fund may not be less than the capital reserve requirement, except when withdrawals are made for payments of principal, interest and redemption premiums may be made from the capital reserve fund if other moneys of the authority are not available.

Source: SL 1978, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-31. Application of capital reserve fund--Transfer of income.

All moneys held in the capital reserve fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds or notes secured by the fund, the purchase or redemption of the bonds or notes, the payment of interest on the bonds or notes, or the payment of any redemption premium required to be paid when the bonds or notes are redeemed prior to maturity. Any income from the capital reserve fund may be transferred to other funds or accounts to the extent the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement in this chapter.

Source: SL 1978, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-32. Bonds and notes not issued when capital reserve below required amount.

The authority may not issue bonds or notes secured by the capital reserve fund if the capital reserve requirement exceeds the capital reserve fund at the time of issuance, unless the authority, at the time of issuance of such bonds or notes, deposits in the fund an amount which, together with the amount then in the fund, will not be less than the new capital reserve requirement.

Source: SL 1978, ch 9, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-33. Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds.

The chair of the board of directors shall annually submit to the Bureau of Finance and Management a budget estimate in accordance with § 4-7-7 stating the sum, if any, needed to restore the capital reserve fund to the level of the capital reserve requirement. If the chair certifies a need to restore the capital reserve fund, the Governor shall submit a budget in accordance with § 4-7-9 including the sum, if any, needed to restore the capital reserve fund to the level of the capital reserve requirement. All sums appropriated by the Legislature for the restoration shall be deposited in the capital reserve fund.

Source: SL 1978, ch 9, § 17; SL 2009, ch 1, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-34. Establishment of loan funds--Investment.

The authority may establish other funds within the state treasury for its corporate purposes from which the authority may make loans as provided in this chapter. All funds may be invested by the state investment officer pursuant to chapter 4-5.

Source: SL 1978, ch 9, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-35. Cooperation with local agencies.

The authority may, as necessary or appropriate to carry out the purposes of this chapter, cooperate with local units of government and local development corporations in their efforts to promote the expansion of industrial and manufacturing activity in this state.

Source: SL 1978, ch 9, § 8 (1).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-36. Determination of desirability of development projects.

The authority may, as necessary or appropriate to carry out the purposes of this chapter, determine, upon proper application of the enterprise, whether the declared public purpose of this chapter has been or will be accomplished by the establishment of development projects by such enterprises.

Source: SL 1978, ch 9, § 8(2); SL 1986, ch 14, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-37. Power to make loans to local agencies--Repayment provisions.

The authority may, as necessary or appropriate to carry out the purposes of this chapter, make, upon proper application of enterprises, loans to such enterprises for development projects in South Dakota, and may provide for the repayment and redeposit of such allocations and loans in the manner hereinafter provided.

Source: SL 1978, ch 9, § 8(5); SL 1986, ch 14, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-38. Maximum loan to local agency--Vote required for approval.

If the authority determines, after hearing and examination, that the public purposes of this chapter will be accomplished, the authority may grant a loan to an enterprise. Approval of loan applications shall be by a majority vote of all members of the board of directors, eligible to vote thereon, the vote of each eligible member being duly recorded.

Source: SL 1978, ch 9, §§ 7, 32; SL 1986, ch 14, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16B-39

1-16B-39. Repealed by SL 1986, ch 14, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-40. Application by local agency for loan--Contents.

Prior to loaning of any funds to an enterprise for a development project, the authority shall receive from the enterprise a loan application in the form adopted by the authority which shall contain, without being limited to, the following provisions:

(1) A general description of the development project and a general description of the enterprise for which the development project has been or is to be established;

(2) A legal description of all real estate necessary for the development project;

(3) Plans and other documents to show the type, structure and general character of the development project;

(4) A general description of the number, types and skills of employees to be employed;

(5) The cost or estimates of cost of establishing the development project;

(6) A statement of the value of any property which the enterprise applied or intends to apply to the establishment of the development project;

(7) A statement of cash funds previously applied, or at present held by the enterprise which are to be applied to the establishment of the development project;

(8) Evidence of the arrangement made by the enterprise for the financing of all costs of the development project;

(9) Evidence that the development project probably will not cause the removal of a plant or facility from one area of the state to another area of the state;

(10) Any additional evidence pertinent to a determination of the probable success of the development project at the selected location, and evidence that a substantial increase in employment and payrolls will probably result from the granting of the loans;

(11) Evidence that the enterprise does currently or will possess the ability to obtain the revenues which will be used to repay a loan to finance the development project.

Source: SL 1978, ch 9, § 31; SL 1986, ch 14, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-41. Loans made only when other loans not available.

The authority shall require the applicant enterprise to investigate fully other sources of funding for a development project. Such loans shall be made only after a determination by the authority that sufficient development project loans are not otherwise available from private or public lenders upon reasonably equivalent terms and conditions.

Source: SL 1978, ch 9, § 33; SL 1986, ch 14, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-42. Preference to projects for processing raw materials produced in state.

When the authority considers two or more applications for a loan for development projects which have been identified as creating equal amounts of employment and income and generally achieving the purposes of this chapter, the authority shall give preference to applications for projects involving the processing of raw materials produced in the state.

Source: SL 1978, ch 9, § 38.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-43. Maximum percentage of cost loaned to local agency--Assurances as to other financing.

When it has been determined by the authority, after a hearing on an application of an enterprise, that the establishment of a particular development project referred to in the application has accomplished or will accomplish the public purposes of this chapter, the authority may contract to loan the enterprise an amount determined by the authority, subject to the following conditions:

(1) The authority shall first have determined that the enterprise holds funds or property in an amount equal to the enterprise's share of the estimated cost of establishing the development project and that the funds or property will be applied to the project; and

(2) In the event that the enterprise has obtained from other independent and responsible sources a firm commitment for any other funds necessary for payment of all the estimated cost of establishing the development project over and above the loan it is requesting from the authority and the funds or property the enterprise holds, the authority shall determine that the sum of all these funds, together with the machinery and equipment to be provided by the enterprise, is adequate to ensure completion and operation of the plan or facility.

Source: SL 1978, ch 9, § 28; SL 1986, ch 14, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-44. Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency.

If any federal agency participates in the financing of a development project with federal funds, the authority may adjust the required ratios of financial participation for the enterprise to the extent of the federal participation. However, the adjustment of such ratios may not cause the authority to grant a loan to the enterprise in excess of eighty percent of the cost or estimated cost of the development project.

If any federal agency participating in the financing of any development project is not permitted to take a mortgage subordinate to the mortgage of the authority, the authority may secure its loan to the enterprise with a mortgage subordinate to that of the federal agency.

Source: SL 1978, ch 9, § 30; SL 1986, ch 14, § 15; SL 2009, ch 1, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-45. Pledge to United States not to impair powers of authority.

The State of South Dakota hereby pledges and agrees with the United States that if any federal agency constructs, loans, or contributes any funds to any development project, the state will not alter or limit the rights and powers of the authority in any manner inconsistent with the performance of any agreements between the authority and the federal agency, and the authority may continue to exercise all powers to carry out the purposes of this chapter.

Source: SL 1978, ch 9, § 35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-46. Terms of loan to local agency--Subordination to other loans.

Any loan of the authority shall be for the period of time and shall bear interest at the rate determined by the authority and shall be secured by a mortgage on the development project for which the loan was made. The mortgage may be subordinate only to a mortgage held by the independent and responsible sources which financed the development project.

Source: SL 1978, ch 9, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-47. Foreclosure to take title to development project--Sale or lease.

The authority may, as necessary or appropriate to carry out the purposes of this chapter, take title by foreclosure to any development project where such acquisition is necessary to protect any loan previously made by the authority, and may sell, transfer, or convey any such development project to any responsible buyer. If such sale, transfer, or conveyance cannot be effected with reasonable promptness, the authority may, in order to minimize financial losses and sustain employment, lease such development project to a responsible tenant or tenants. However, the authority may not lease development projects except under the conditions and for the purposes cited in this section.

Source: SL 1978, ch 9, § 8 (11); SL 2009, ch 1, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-48. Annual reports of authority--Contents.

The authority shall submit annual reports. The reports shall include:

(1) Its operations and accomplishments;

(2) Its receipts and expenditures during the previous fiscal year;

(3) Its assets and liabilities at the end of the previous fiscal year, including a schedule of its mortgage loans and commitments and the status of reserve, special, or other funds;

(4) A schedule of the outstanding notes and bonds and a statement of the amounts redeemed and incurred during the previous fiscal year.

Source: SL 1978, ch 9, § 36; SL 2009, ch 1, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-49. Cumulative rights and powers of authority.

The rights, powers, authority, privileges, functions, and other properties of the South Dakota Economic Development Finance Authority, whether derived under this chapter, by executive order, or otherwise are cumulative and may be exercised by the authority either separately or in any combination as the board of the authority may determine to be necessary or appropriate.

Source: SL 1987, ch 16, § 5; SL 2020, ch 4, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-50. Annual action plan--Annual informational report.

The South Dakota Economic Development Finance Authority shall develop and submit an annual action plan to the Board of Economic Development. The action plan shall outline the basic goals and objectives of the authority but is not subject to the approval or disapproval of the Board of Economic Development. The action plan shall be submitted prior to October first of each year. At the conclusion of each fiscal year, the authority shall prepare and submit an annual informational report to the Board of Economic Development.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 40; SL 1993, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16B-51

1-16B-51. Repealed by SL 1995, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-52. Issuance of bonds and obligations--Additional proceedings not required--Transferred rights, powers, privileges, and functions supplementary--Liberal construction.

No additional proceedings, referendum, notice or approval is required as a result of §§ 1-16B-50 to 1-16B-52, inclusive, for the issuance of bonds or other obligations or any instrument as security therefor. The rights, powers, authority, privileges, functions, and other properties transferred to the South Dakota Economic Development Finance Authority by this order are in addition and supplementary to all of the rights, powers, authority, privileges, functions, and other properties conferred upon the authority by existing statute. The authority may exercise or avail itself to any and all of the rights, powers, authority, privileges, functions, and other properties established under either or both existing statutes and §§ 1-16B-50 to 1-16B-52, inclusive. Nothing herein contained may be construed as a restriction or limitation upon the powers, authority, privileges, functions, rights, and properties of the authority which might otherwise be available, but shall be construed as cumulative of any such powers, authority, privileges, functions, rights, and properties. Sections 1-16B-50 to 1-16B-52, inclusive, shall be liberally construed to accomplish the purposes expressed herein.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 39.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-53. Preferred development project defined.

The term, preferred development project, as used in this chapter, means any site, structure, facility, service, utility, or undertaking compromising, serving, or being a part of any industrial or agricultural or nonagricultural products, storage, distribution, or manufacturing enterprise, which employs not fewer than two thousand individuals.

Source: SL 1994, ch 11, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-54. Direct mortgage loans for preferred development projects.

Notwithstanding any other provision in this chapter, the authority may participate with other parties in the making of direct mortgage loans for capital improvements for preferred development projects. The interest rate and time and rate of amortization for that part of such a mortgage loan made by the authority and that made by others need not be equal. The interest rate, if any, charged by the authority shall be determined by the authority and the principal indebtedness represented by the mortgage loan and interest accrued, if any, may be forgiven on such terms and conditions as the authority in the exercise of its discretion deems appropriate.

Source: SL 1994, ch 11, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-55. Authority may contract to manage payment or interest rate risk for bonds.

Source: SL 2003, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-56 . Value Added Finance Authority Abolished--Duties and responsibilities transferred--Economic Development Finance Authority and Board of Economic Development.

The Value Added Finance Authority created by chapter 1-16E is hereby abolished. The rights, privileges, and duties of the Value Added Finance Authority, the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other documents or transactions entered into, before July 1, 2020, by the Value Added Finance Authority or any officer or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of the Value Added Finance Authority. The Economic Development Finance Authority is substituted for the Value Added Finance Authority and succeeds to the rights, privileges, and duties, and leases, indentures, accounts, and other documents or transactions, including those related to the nutrient management bond program, the agribusiness bond program, the beginning farmer bond program, and the value-added agriculture agribusiness relending program of the Value Added Finance Authority are hereby transferred to the Economic Development Finance Authority. The Board of Economic Development is substituted for the Value Added Finance Authority and succeeds to the rights, privileges, and duties, and leases, indentures, accounts, and other documents or transactions relating to the value-added agriculture subfund.

Source: SL 2020, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-57 . Duties and goals--Agricultural production.

The board shall administer the beginning farmer bond program and make annual recommendations to the Legislature and Governor on programs to develop and promote agricultural processing activity in the state, including the initial or subsequent production, use, or processing of any form of agricultural commodity, product, or by-product in this state. The authority's goal in so doing is to facilitate the retention of agricultural commodities and products in this state for the maximum feasible time span during the life cycle, use, or consumption of the commodity or product.

Source: SL 2020, ch 4, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-58 . Lending power of authority.

The authority may:

(1) Make, and undertake commitments to make, loans or deposits with lenders including certificates of deposits, under terms and conditions that require the lenders to make loans (in an amount substantially equal to the principal amount of the loan or deposit) to or enter into leases with borrowers to finance the costs of agricultural enterprises, to finance the cost of business enterprises, to finance the working capital needs of businesses, to refinance existing indebtedness incurred for any of the foregoing purposes or any combination of the foregoing;

(2) Invest in, purchase or make commitments to invest in or purchase, and take assignments of, loans made by lenders to borrowers to finance the costs of agricultural enterprises, to finance the cost of business enterprises, to finance the working capital needs of businesses, to refinance existing indebtedness incurred for any of the foregoing purposes or any combination of the foregoing;

(3) Invest in, purchase or make commitments to invest in or purchase, any securities or obligations determined necessary or desirable by the authority for the purpose of pledging the securities or obligations as security for any bonds of the authority; and

(4) Make loans directly to a beginning farmer and enter into agreements, contracts, and other instruments with a beginning farmer or lender in connection with the beginning farmer bond program.

Source: SL 2020, ch 4, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-59 . Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.

The bonds shall be authorized by a resolution of the authority, shall bear the date or dates and shall mature at the time or times as the resolution or the instrument providing for the issuance of the bonds may provide, except that no bond may mature more than fifty years from the date of its issue. The bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, be evidenced by physical certificates or uncertificated, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, including redemption prior to maturity, as the resolution or the instrument providing for the issuance of the bonds may provide. No other state laws relating to the offer, sale or issuance of revenue bonds or any other security may apply to bonds issued by the authority. Bonds of the authority may be sold by the authority at public or private sale, and at the price or prices as the authority shall determine.

The bonds of the authority may bear interest at a fixed, variable or adjustable rate and may be convertible from one method of calculating interest to another. The interest rate may be based upon any formula or contractual arrangement for the periodic determination of interest rates. All interest rates may be established in the resolution or instrument providing for the issuance of the bonds. Any formula or contractual arrangement may authorize the delegation of the interest rate setting function to a third party subject only to the standards or criteria as shall be set forth in the resolution or instrument providing for the issuance of the bonds. In no event may the setting or resetting of the rate of interest on the authority's bonds or the conversion from one method of determining interest to another constitute a reissuance or refunding of bonds issued by the authority if the action is taken in accordance with the resolution or instrument providing for the initial issuance of the bonds.

The authority may issue noninterest bearing bonds or bonds bearing interest at a rate of zero percent and sell the same at the price or prices as may be determined by the authority.

Source: SL 2020, ch 4, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-60 . Pledges by authority.

Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenue, money, or properties pledged and thereafter received by or on behalf of the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. Neither the resolution nor the trust indenture, if any, nor any other instrument by which a pledge is created need be recorded.

Source: SL 2020, ch 4, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-61 . Redemption of bonds.

The authority, subject to any agreements with bondholders as may then exist, may refund, purchase, or cancel the authority's bonds out of any funds available therefor, at any reasonable price which, if the bonds are then redeemable, may not exceed the redemption price then applicable plus accrued interest to the next interest payment thereon.

Source: SL 2020, ch 4, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-62 . Trust indenture securing authority bonds.

The bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any bank having the power of a trust company or any trust company within or without the state. The trust indenture may contain any provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of the authority's powers and the custody, safekeeping, and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and the revenue to the trustee under the trust indenture or other depository, and for the method of disbursement thereof, with any safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority.

Source: SL 2020, ch 4, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-63 . Proceeds of bonds--Investments.

Any proceeds of bonds not needed for immediate disbursement may be held uninvested or invested in any one or more of the following:

(1) Obligations issued or guaranteed by the United States of America;

(2) Obligations issued or guaranteed by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America;

(3) Obligations issued or guaranteed by any state of the United States of America, or the District of Columbia, or any political subdivision of any state or district;

(4) Commercial paper or corporate debt obligations having a rating by Standard & Poor's Corporation or Moody's Investors Service equal to an "A" or higher rating assigned by the organization;

(5) Banker's acceptances drawn on and accepted by any bank, trust company or national banking association organized under the laws of any state or of the United States of America;

(6) Repurchase agreements fully secured by obligations issued or guaranteed by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America;

(7) Certificates of deposit or time deposits issued by any bank, trust company or national banking association organized under the laws of any state or of the United States of America;

(8) United States dollar-denominated certificates of deposits issued by, or time deposits with, the European subsidiaries of any bank, trust company or national banking association incorporated or doing business under the laws of the United States of America or one of the states thereof;

(9) Certificates or units issued by any mutual fund, unit investment trust or similar entity evidencing interest in obligations described in this section.

Source: SL 2020, ch 4, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-64 . Bonds as negotiable instruments.

Whether or not the bonds are in the form and character of negotiable instruments, the bonds are hereby made negotiable instruments, subject only to provisions of the bonds relating to registration.

Source: SL 2020, ch 4, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-65 . Execution of bonds--Seal.

Bonds of the authority may be executed by the manual or facsimile signatures of the board members or officers of the authority authorized by the resolution of the authority to execute the bonds. If the resolution authorizes or directs the affixing of the seal of the authority on bonds of the authority, the seal or a facsimile thereof may be impressed or imprinted thereon. If any board members or officers of the authority ceases to be members or officers of the authority before the delivery of any bonds or coupons signed by them, their signatures or facsimiles thereof shall nevertheless be valid and sufficient for all purposes, the same as if the members or officers had remained in office until the delivery.

Source: SL 2020, ch 4, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-66 . Immunity from personal liability on bonds.

Neither the members of the authority nor any other person executing the bonds issued under this chapter is subject to personal liability or accountability by reason of the issuance thereof.

Source: SL 2020, ch 4, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-67 . Conflict of interest --Disclosure--Participation in transaction.

Any member or employee of the authority who has, will have, or later acquires a personal interest, direct or indirect, in any transaction with the authority shall immediately disclose the nature and extent of the interest in writing to the authority as soon as the member or employee has knowledge of the actual or prospective interest. The disclosure shall be entered upon the minutes of the authority. Upon any disclosure, the member or employee may not participate in any action by the authority authorizing the transaction. Actions taken when the member or employee reasonably believed that the member or employee had and would not have any conflict are not invalidated because of the conflict. The fact that a member is also an officer or owner of an organization is not considered to be a direct or indirect interest unless:

(1) The member has an ownership interest of greater than five percent in the organization; or

(2) The transaction in question does not involve all similar organizations, but rather involves only the authority and the organization.

Source: SL 2020, ch 4, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-68 . Tax exemption--Filing fee exemption.

The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state. The authority is not required to pay any tax or assessment on any property owned by the authority under the provisions of this chapter or upon the income therefrom; nor is the authority required to pay any transfer tax of any kind on account of instruments recorded by the authority or on the authority's behalf.

Source: SL 2020, ch 4, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-69 . Bonds as authorized investments and securities for deposits.

The bonds and notes of the authority are hereby made securities in which all public officers and bodies of this state and all municipal subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, trust companies, including savings and loan associations, building and loan associations, investment banking companies, and other persons carrying on an investment banking business, all personal representatives, conservators, trustees, and other fiduciaries, and all other persons who are authorized to invest in bonds or obligations of the state, may properly and legally invest in the bonds and notes of the authority funds including capital in their own control or belonging to them. The bonds and notes are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or notes or other obligations of this state is authorized.

Source: SL 2020, ch 4, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-70 . Promulgation of rules.

The authority may, pursuant to chapter 1-26 , adopt any rules or regulations to implement the purposes of this chapter, including:

(1) Setting forth the procedures for applicants to apply for loans under this chapter;

(2) Establishing criteria for determining which applicants will receive the loans;

(3) Governing the use of proceeds of the loans;

(4) Establishing criteria for the terms and conditions upon which the loans shall be made, including the terms of security given, if any, to secure the loans; and

(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the authority including the terms and conditions upon which the proceeds shall be loaned to borrowers for the purposes described in this chapter.

Source: SL 2020, ch 4, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-71 . Liberal construction of chapter.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes.

Source: SL 2020, ch 4, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-72 . Disposition of authority assets on dissolution.

If, after all indebtedness and other obligations of the authority are discharged, the authority is dissolved, its remaining assets shall inure to the benefit of the state.

Source: SL 2020, ch 4, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16B-73 . Compliance with Internal Revenue Code.

Notwithstanding any other provision of law, the authority in order to accomplish the purposes provided in this chapter may perform all acts necessary to comply with the requirements of § 103 of the Internal Revenue Code of 1986, as amended, and any regulation promulgated pursuant to § 103 to insure that all interest from bonds issued under this chapter are tax exempt.

All hearings or acts necessary to comply with § 147(f) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated pursuant to § 147(f) are exempt from the requirements and procedures of chapter 1-26 .

The Governor is the approving representative for the state for the purpose of complying with the applicable provisions of § 147(f) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated pursuant to § 147(f) necessary to insure that all interest from bonds issued are tax exempt.

Source: SL 2020, ch 4, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16C AGRI-BUSINESS DEVELOPMENT AUTHORITY [REPEALED]

CHAPTER 1-16C

AGRI-BUSINESS DEVELOPMENT AUTHORITY [REPEALED]

[Repealed by SL 1986, ch 16, § 1]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16D EXPORT DEVELOPMENT AUTHORITY [REPEALED]

CHAPTER 1-16D

EXPORT DEVELOPMENT AUTHORITY [REPEALED]

[Repealed by SL 1993, ch 12, §§ 1, 2]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-16E

VALUE ADDED FINANCE AUTHORITY [REPEALED]

1-16E-1 Repealed

1-16E-2 Repealed

1-16E-3 Repealed

1-16E-4 Repealed

1-16E-4.1 Repealed

1-16E-4.2 Repealed

1-16E-4.3 Repealed

1-16E-4.4 Repealed

1-16E-5 1-16E-5, 1-16E-6. Obsolete.

1-16E-7 Repealed

1-16E-8 Repealed

1-16E-9 Repealed

1-16E-10 Repealed

1-16E-11 Repealed

1-16E-12 Repealed

1-16E-13 Repealed

1-16E-14 Repealed

1-16E-15 Repealed

1-16E-16 Repealed

1-16E-17 Repealed

1-16E-18 Repealed

1-16E-19 Repealed

1-16E-20 Repealed

1-16E-21 Repealed

1-16E-22 Repealed

1-16E-23 Repealed

1-16E-24 Repealed

1-16E-25 Repealed

1-16E-26 Repealed

1-16E-27 Repealed

1-16E-28 Repealed

1-16E-29 Repealed

1-16E-30 Repealed

1-16E-31 Repealed

1-16E-32 Repealed

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-1. Repealed.

Source: SL 1986, ch 16, § 2; SL 1986, ch 17, § 1; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-2. Repealed.

Source: SL 1986, ch 16, § 3; SL 1986, ch 17, § 2; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-3. Repealed.

Source: SL 1986, ch 16, § 4; SL 1995, ch 4, § 3; SL 1997, ch 5, § 1; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-4. Repealed.

Source: SL 1986, ch 16, § 5; SL 1995, ch 4, § 2; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-4.1. Repealed.

Source: SL 1994, ch 318, § 2; SL 1995, ch 4, § 4; SL 2012, ch 16, § 21; SL 2013, ch 176, § 14; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-4.2. Repealed.

Source: SL 1994, ch 318, § 1, as amended by SL 1995, ch 4, § 5; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-4.3. Repealed.

Source: SL 1994, ch 318, § 3, as amended by SL 1995, ch 4, § 6; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-4.4. Repealed.

Source: SL 1994, ch 318, § 4, as amended by SL 1995, ch 4, § 7; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16E-5

1-16E-5, 1-16E-6. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-7. Repealed.

Source: SL 1986, ch 16, § 8; SL 1986, ch 17, § 3; SL 1994, ch 13; SL 1995, ch 4, § 10; SL 2019, ch 235 (Ex. Ord. 19-1), § 39, eff. Apr. 14, 2019; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-8. Repealed.

Source: SL 1986, ch 16, § 9; SL 1986, ch 17, § 4; SL 1990, ch 11, § 7; SL 1995, ch 4, § 9; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-9. Repealed.

Source: SL 1986, ch 16, § 10; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-10. Repealed.

Source: SL 1986, ch 16, § 11; SL 1990, ch 11, § 2; SL 1995, ch 4, § 12; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-11. Repealed.

Source: SL 1986, ch 16, § 12; SL 1990, ch 11, § 3; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-12. Repealed.

Source: SL 1986, ch 16, § 13; SL 1986, ch 17, § 5; SL 1990, ch 11, § 1; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-13. Repealed.

Source: SL 1986, ch 16, § 14; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-14. Repealed.

Source: SL 1986, ch 16, § 15; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-15. Repealed.

Source: SL 1986, ch 16, § 16; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-16. Repealed.

Source: SL 1986, ch 16, § 17; SL 1990, ch 11, § 6; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-17. Repealed.

Source: SL 1986, ch 16, § 18; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-18. Repealed.

Source: SL 1986, ch 16, § 19; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-19. Repealed.

Source: SL 1986, ch 16, § 20; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-20. Repealed.

Source: SL 1986, ch 16, § 21; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-21. Repealed.

Source: SL 1986, ch 16, § 22; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-22. Repealed.

Source: SL 1986, ch 16, § 23; SL 2002, ch 13, § 1; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-23. Repealed.

Source: SL 1986, ch 16, § 24; SL 1993, ch 213, § 77; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-24. Repealed.

Source: SL 1986, ch 16, § 25; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-25. Repealed.

Source: SL 1986, ch 16, § 26; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-26. Repealed.

Source: SL 1986, ch 16, § 27; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-27. Repealed.

Source: SL 1986, ch 16, § 28; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-28. Repealed.

Source: SL 1986, ch 16, § 29; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-29. Repealed.

Source: SL 1990, ch 11, § 4; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-30. Repealed.

Source: SL 1995, ch 4, § 11; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-31. Repealed.

Source: SL 1995, ch 4, § 13; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16E-32. Repealed.

Source: SL 2003, ch 10, § 3; SL 2020, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16F SUPERCONDUCTING SUPER COLLIDER AUTHORITY [REPEALED]

CHAPTER 1-16F

SUPERCONDUCTING SUPER COLLIDER AUTHORITY [REPEALED]

[Repealed by SL 1989, ch 11, §§ 1 to 5; SL 1989, ch 30, §§ 4, 5]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-16G

ECONOMIC DEVELOPMENT

1-16G-1 Board of Economic Development created--Appointment--Terms.

1-16G-1.1 Authority of Board of Economic Development.

1-16G-1.2 Foreclosure as means of protecting loan--Sale, transfer, or conveyance of property.

1-16G-1.3 Nonvoting members of Board of Economic Development.

1-16G-2 1-16G-2. Repealed by SL 2011, ch 7, § 1.

1-16G-3 Revolving economic development and initiative fund--Purpose.

1-16G-4 1-16G-4. Repealed by SL 2015, ch 63, § 3.

1-16G-5 Receipt of repayment of loans and interest--Rules--Loans for credit enhancement--Reversion of excess.

1-16G-6 No appeal by applicant from board's action.

1-16G-7 Acceptance and expenditure of other funds by Board of Economic Development.

1-16G-8 Promulgation of rules.

1-16G-8.1 1-16G-8.1 to 1-16G-9. Repealed by SL 2007, ch 5, §§ 4 to 7.

1-16G-10 Annual report by Board of Economic Development.

1-16G-11 Documentary material consisting of trade secrets exempt from disclosure--Discussion of or action on trade secrets at meeting closed to public.

1-16G-12 1-16G-12 to 1-16G-16. Repealed by SL 2004, ch 12, §§ 1 to 5.

1-16G-16.1 Procurement of certain services for revolving economic development and initiative fund.

1-16G-17 1-16G-17, 1-16G-18. Repealed by SL 2004, ch 12, §§ 6, 7.

1-16G-19 1-16G-19. Repealed by SL 2009, ch 1, § 19.

1-16G-20 1-16G-20. Repealed by SL 2006, ch 2, § 9.

1-16G-21 1-16G-21. Repealed by SL 2006, ch 2, § 10.

1-16G-22 1-16G-22. Repealed by SL 2006, ch 2, § 11.

1-16G-23 1-16G-23. Repealed by SL 2006, ch 2, § 12.

1-16G-24 Use of earnings for administrative costs of Division of Finance of Governor's Office of Economic Development.

1-16G-25 1-16G-25 to 1-16G-28. Repealed by SL 2013, ch 192, §§ 3, 5, 6, 8.

1-16G-29 1-16G-29 to 1-16G-39. Repealed by SL 2007, ch 5, §§ 10 to 20.

1-16G-40 1-16G-40 to 1-16G-46. Rejected by referendum.

1-16G-47 1-16G-47. Repealed by SL 2018, ch 10, § 1.

1-16G-47.1 Disbursements from local infrastructure improvement grant fund and economic development partnership fund.

1-16G-48 1-16G-48. Repealed by SL 2018, ch 10, § 2.

1-16G-49 Annual report to Government Operations and Audit Committee.

1-16G-50 Local infrastructure improvement grant fund.

1-16G-51 Economic development partnership fund created.

1-16G-52 Awards from economic development partnership fund.

1-16G-53 Matching basis of awards from economic development partnership fund.

1-16G-54 Promulgation of rules regarding local infrastructure improvement grant fund.

1-16G-55 Promulgation of rules regarding economic development partnership fund.

1-16G-56 Definitions relating to reinvestment payment program.

1-16G-57 Reinvestment payment procedure.

1-16G-58 Application for reinvestment payment.

1-16G-59 Factors for board review of application.

1-16G-60 Permit to submit an affidavit for reinvestment payment.

1-16G-61 Affidavit for reinvestment payment--Form and contents.

1-16G-62 Time for filing affidavit for reinvestment payment--Eligible project costs--Extension.

1-16G-63 Time and manner of reinvestment payment.

1-16G-64 Reinvestment payment fund created.

1-16G-65 Effect of tax collection agreement with Indian tribe.

1-16G-66 Public records-Information on the GOED website.

1-16G-67 Promulgation of rules on reinvestment payments.

1-16G-68 Prohibited commissions.

1-16G-69 1-16G-69 to 1-16G-72. Executed.

1-16G-73 Definitions relating to new frontiers program.

1-16G-74 Requirements for new frontiers program applicants.

1-16G-75 Time for filing application--Contents.

1-16G-76 Board review of application--Factors for consideration.

1-16G-77 Permit from GOED--Assignment and transfer of permit and payment--Amended application.

1-16G-78 Affidavit for new frontiers payment--Contents.

1-16G-79 Time for filing affidavit for payment--Final program cost determination--Extension.

1-16G-80 Time for new frontiers payment--Additional information.

1-16G-81 Repayment upon relocation outside of state--Repayment waiver.

1-16G-82 Limitations on reinvestment payments.

1-16G-83 Public information.

1-16G-84 Promulgation of rules regarding new frontiers program.

1-16G-85 [Effective until July 1, 2025] Definitions.

1-16G-86 [Effective until July 1, 2025] Disaster relief subfund--Creation--Continuous appropriation.

1-16G-87 [Effective until July 1, 2025] Disaster relief subfund--Loans.

1-16G-88 [Effective until July 1, 2025] Disaster relief subfund--Reporting.

1-16G-89 [Effective until July 1, 2025] Disaster relief subfund loans--Confidentiality.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-1. Board of Economic Development created--Appointment--Terms.

There is created a Board of Economic Development and the Governor may appoint up to thirteen members to consult with and advise the Governor and the commissioner of the Governor's Office of Economic Development in carrying out the functions of the office. The members shall be confirmed by the senate. The members of the board shall be appointed by the Governor for four-year terms of office so arranged that no more than four members' terms expire in any given year. Not all members may be from the same political party. The Governor shall designate the terms at the time of appointment. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 37; SL 1988, ch 439 (Ex. Ord. 88-1), § 20; SDCL § 1-42-15.1; SL 2005, ch 10, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 85, eff. Apr. 12, 2011; SL 2013, ch 7, § 22, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-1.1. Authority of Board of Economic Development.

The Board of Economic Development, in order to implement this chapter, may:

(1) Make contracts and execute all instruments;

(2) Establish interest rates within the bounds as otherwise statutorily provided;

(3) Collect fees and charges, as are determined to be necessary, reasonable, and proper in connection with its loans, advances, leases, grants, servicing, and other activities;

(4) Provide for the repayment and redeposit of loan and lease payments;

(5) Sue and be sued;

(6) Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interest held by it, either by action or by exercise of a power of sale, and sell the equity redemption in the security interests in accordance with the terms of instruments and applicable state law, and take any other actions necessary to enforce any obligations held by it;

(7) Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(8) Enter into agreement with any agency of the United States government to make and service loans and loan guarantees; and

(9) Sell loans or loan guarantees at public or private sale.

Source: SL 1997, ch 7, § 1; SL 1999, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-1.2. Foreclosure as means of protecting loan--Sale, transfer, or conveyance of property.

The Board of Economic Development may take title by foreclosure to any property given as security if the acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. Any sale of property hereunder shall be performed in a commercially reasonable manner. If the sale, transfer, or conveyance cannot be effected with reasonable promptness, the board may, in order to prevent financial loss and sustain employment, lease the property to a responsible tenant or tenants.

All sale proceeds or lease payments received by the board pursuant to this section shall be deposited in the fund from which the original loan was made.

Source: SL 1997, ch 7, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-1.3. Nonvoting members of Board of Economic Development.

In addition to the members of the Board of Economic Development appointed pursuant to § 1-16G-1, four nonvoting members shall be appointed to the board by the Legislature as follows:

(1) The majority leader of the Senate shall appoint one member of the Senate;

(2) The minority leader of the Senate shall appoint one member of the Senate;

(3) The majority leader of the House of Representatives shall appoint one member of the House of Representatives; and

(4) The minority leader of the House of Representatives shall appoint one member of the House of Representatives.

The members shall be appointed to the board for a term of two years before the close of each regular session of the Legislature. If there is a vacancy, the vacancy shall be filled in the same manner as the original appointment.

Source: SL 2013, ch 7, § 23, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-2

1-16G-2. Repealed by SL 2011, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-3. Revolving economic development and initiative fund--Purpose.

There is established in the state treasury a special revenue fund to be known as the revolving economic development and initiative fund for the purpose of making grants and loans for economic development.

Source: SL 1987, ch 98, § 1; SL 1988, ch 17, § 6; SDCL § 1-42-24; SL 2007, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-4

1-16G-4. Repealed by SL 2015, ch 63, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-5. Receipt of repayment of loans and interest--Rules--Loans for credit enhancement--Reversion of excess.

Any repayment of loans made and any interest thereon shall be receipted into the revolving economic development and initiative fund and all money in the fund is hereby appropriated for the purposes of making grants and loans as provided in §§ 1-16G-3 to 1-16G-11, inclusive. The Board of Economic Development may promulgate rules pursuant to chapter 1-26, to make grants and loans from the revolving economic development and initiative fund, and may establish criteria for the qualification, application, payment, and repayment of funds for such projects.

The board may also make loans from the revolving economic development and initiative fund to the South Dakota Economic Development Finance Authority for the purposes of assisting in the credit enhancement requirements of bond issues, notes, loan guarantees and bond insurance. Any excess in the capital reserve fund of the economic development finance authority on June thirtieth of each year shall revert to the revolving economic development and initiative fund for the purposes of principal and interest reduction.

Source: SL 1987, ch 98, § 15; SL 1988, ch 16; SDCL § 1-42-26; SL 2004, ch 11, § 1; SL 2007, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-6. No appeal by applicant from board's action.

In no event may an applicant appeal from the board's action pursuant to chapter 1-26.

Source: SL 1988, ch 17, § 2; SDCL 1-42-28.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-7. Acceptance and expenditure of other funds by Board of Economic Development.

The Board of Economic Development may accept and expend for the purpose of §§ 1-16G-3 to 1-16G-11, inclusive, in addition to the amounts deposited in the revolving economic development and initiative fund, any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10.

Source: SL 1987, ch 98, § 16; SDCL 1-42-30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-8. Promulgation of rules.

The Board of Economic Development shall promulgate rules pursuant to chapter 1-26 concerning the following:

(1) The existing barriers to economic growth and development in the state;

(2) Developing investment in research and development in high technology industries;

(3) The submission of business plans prior to the approval of economic development grants or loans. Business plans shall include the products or services to be offered by the applicant, job descriptions with attendant salary or wage information by job category, educational requirements by job category, methods of accounting, financing other than that provided by the economic development loan, and marketing, sales, merchandising, and other disciplines proposed to be used for business growth and expansion;

(4) The cooperation between agencies of state government and applicant businesses for nonfinancial services including loan packaging, marketing assistance, research assistance, and assistance with finding solutions for complying with environmental, energy, health, safety, and other federal, state, and local laws and regulations;

(5) Regular performance monitoring and reporting systems for participating businesses to assure compliance with their business plans and terms of repayment;

(6) Establish eligibility criteria for grants and loans;

(7) Establish application procedures for grants and loans;

(8) Establish criteria to determine which applicants will receive grants or loans;

(9) Govern the use of proceeds of grants and loans;

(10) Establish criteria for the terms and conditions upon which loans shall be made, including matching requirements, interest rates, repayment terms, and the terms of security given to secure such loans; and

(11) Establish criteria for the terms and conditions upon which grants shall be made, including permitted uses, performance criteria, and matching requirements.

Source: SL 1987, ch 98, § 15; SL 1988, ch 16; SDCL § 1-42-26; SL 2007, ch 5, § 3; SL 2009, ch 1, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-8.1

1-16G-8.1 to 1-16G-9. Repealed by SL 2007, ch 5, §§ 4 to 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-10. Annual report by Board of Economic Development.

The Board of Economic Development shall prepare an annual report by the first day of November of each year detailing the activities of the board and the terms and conditions of any grants and loans made, including the current status of outstanding loans.

Source: SL 1987, ch 98, § 15A; SDCL § 1-42-27; SL 1993, ch 11, § 2; SL 2007, ch 5, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-11. Documentary material consisting of trade secrets exempt from disclosure--Discussion of or action on trade secrets at meeting closed to public.

Any documentary material or data made or received by the Board of Economic Development or Governor's Office of Economic Development for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, may not be considered public records, and is exempt from disclosure pursuant to the provisions of §§ 1-16G-3 to 1-16G-11, inclusive. Any discussion, consideration of, or action upon such trade secrets or commercial or financial information by the Board of Economic Development may be done in executive session closed to the public, notwithstanding the provisions of the open meeting laws of this state.

Source: SL 1987, ch 98, § 15B; SL 1988, ch 17, § 1; SDCL 1-42-28.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-12

1-16G-12 to 1-16G-16. Repealed by SL 2004, ch 12, §§ 1 to 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-16.1. Procurement of certain services for revolving economic development and initiative fund.

The Board of Economic Development may use the revolving economic development and initiative fund for the purpose of paying taxes and liens and for the procuring of legal services and other services necessary to protect, recover, maintain, and liquidate the assets of the revolving economic development and initiative fund. Such costs may be incurred and paid up to ten percent of the loan balance with a majority vote of the board of economic development. Costs in excess of ten percent shall be approved by a two-thirds vote of the board. Such services are not subject to state bid laws so long as such services are procured in a commercially acceptable manner.

Source: SL 1993, ch 14, § 1; SL 2009, ch 1, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-17

1-16G-17, 1-16G-18. Repealed by SL 2004, ch 12, §§ 6, 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-19

1-16G-19. Repealed by SL 2009, ch 1, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-20. 1-16G-20. Repealed by SL 2006, ch 2, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-21

1-16G-21. Repealed by SL 2006, ch 2, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-22

1-16G-22. Repealed by SL 2006, ch 2, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-23

1-16G-23. Repealed by SL 2006, ch 2, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-24. Use of earnings for administrative costs of Division of Finance of Governor's Office of Economic Development.

Earnings on the revolving economic development and initiative fund may be used for the administrative costs of the Division of Finance of the Governor's Office of Economic Development. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.

Source: SL 1994, ch 14; SL 1999, ch 5, § 6; SL 2003, ch 15, § 6; SL 2004, ch 13, § 7; SL 2005, ch 10, § 3; SL 2007, ch 5, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 86, eff. Apr. 12, 2011; SL 2013, ch 192, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-25

1-16G-25 to 1-16G-28. Repealed by SL 2013, ch 192, §§ 3, 5, 6, 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-29

1-16G-29 to 1-16G-39. Repealed by SL 2007, ch 5, §§ 10 to 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-40 to 1-16G-46. Rejected by referendum.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-47

1-16G-47. Repealed by SL 2018, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-47.1. Disbursements from local infrastructure improvement grant fund and economic development partnership fund.

The commissioner of the Governor's Office of Economic Development shall authorize money from the programs provided under §§ 1-16G-50 and 1-16G-51 for the following purposes:

(1) An amount to pay for any contracts entered into by the Governor's Office of Economic Development with an implementing partner to provide technical assistance to an applicant or monitoring service for the local infrastructure improvement grant program; and

(2) An amount to pay the administrative expenses incurred by the Governor's Office of Economic Development for the local infrastructure improvement grant program. The administrative expenses are limited to the salary and benefits of any personnel directly responsible for the administration of the programs.

Source: SL 2016, ch 4, § 4; SL 2018, ch 10, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16G-48

1-16G-48. Repealed by SL 2018, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-49. Annual report to Government Operations and Audit Committee.

Each department administering the funds created by §§ 1-16G-50, 1-16G-51, 11-13-2, and 13-13-88 shall report annually to the Government Operations and Audit Committee about the operations and results of the building South Dakota programs. The Governor's Office of Economic Development shall report annually to the Government Operations and Audit Committee about the operations and results of the South Dakota Jobs grant program.

Source: SL 2013, ch 7, § 3, eff. Mar. 20, 2013; SL 2018, ch 10, § 3; SL 2021, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-50. Local infrastructure improvement grant fund.

There is hereby created in the state treasury the local infrastructure improvement grant fund. The Board of Economic Development may award grants to any political subdivision of this state, tribal government, or local development corporation from the fund to construct or reconstruct infrastructure for the purpose of serving an economic development project. The board shall consult state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements. The board shall consider the funding mechanisms available to and utilized by the applicant when making a decision to award a grant. Any general funds appropriated to the local infrastructure improvement program shall be transferred into the local infrastructure improvement grant fund. Interest earned on money in the fund shall be deposited into the fund.

Source: SL 2013, ch 7, § 4, eff. Mar. 20, 2013; SL 2014, ch 7, § 1; SL 2018, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-51. Economic development partnership fund created.

There is hereby created in the state treasury the economic development partnership fund. The Board of Economic Development may award grants to any nonprofit development corporation, tribal government, municipality, county, or other political subdivision of this state from the fund on a matching basis as provided in §§ 1-16G-52 and 1-16G-53. Interest earned on money in the fund shall be deposited into the fund.

Source: SL 2013, ch 7, § 5, eff. Mar. 20, 2013; SL 2014, ch 7, § 2; SL 2018, ch 10, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-52. Awards from economic development partnership fund.

The Board of Economic Development may award funds from the economic development partnership fund for the following purposes:

(1) To support new staff, or elevate existing part-time staff and equipment and training needs for the purpose of developing or expanding local, community, and economic development programs;

(2) To support any recipient's plans to work with other entities for the purpose of developing or expanding local, community, and economic development programs; or

(3) To award funds from the economic development partnership fund to commence or replenish a local revolving loan fund for the purpose of developing or expanding housing, community, and economic development programs. Areas of emphasis for funding include creating high quality employment opportunities, repopulation, stronger economies, housing development, business growth, support of entrepreneurship, and job creation, expansion, and retention. When awarding funds for a revolving loan fund, the board may give priority to an application that serves multiple communities. The board may give additional priority to an application that leverages state funds at greater than a one-to-one matching basis.

Source: SL 2013, ch 7, § 6, eff. Mar. 20, 2013; SL 2016, ch 4, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-53. Matching basis of awards from economic development partnership fund.

Any funds awarded under the economic development partnership fund shall be provided on a matching basis. The funds awarded to a recipient for staffing may be distributed over a four year period with forty percent being distributed in the first year, thirty percent in the second year, twenty percent in the third year, and ten percent in the fourth year. Over the four year period, the recipient shall match the total funds received from the economic development partnership fund.

Source: SL 2013, ch 7, § 7, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-54. Promulgation of rules regarding local infrastructure improvement grant fund.

The Board of Economic Development shall promulgate rules pursuant to chapter 1-26 regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the local infrastructure improvement grant fund.

Source: SL 2013, ch 7, § 8, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-55. Promulgation of rules regarding economic development partnership fund.

Source: SL 2013, ch 7, § 9, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-56. Definitions relating to reinvestment payment program.

Terms used in §§ 1-16G-56 to 1-16G-68, inclusive, mean:

(1) "Board," the Board of Economic Development;

(2) "Commissioner," the commissioner of the Governor's Office of Economic Development;

(3) "Completed the project" or "completion of the project," the first date when the project is operational;

(4) "Construction date," the first date earth is excavated or a contractor has initiated work for the purpose of constructing a new or expanded facility or the first date new equipment is located on the project site or existing equipment is removed from the project site for the purpose of equipment upgrades, whichever occurs first;

(5) "Data center," any facility established for the purpose of processing, storage, retrieval, or communication of data;

(6) "Department," the Department of Revenue;

(7) "Equipment upgrades," the installation of new equipment or the replacement or improvement of existing equipment, which is subject to the sales or use tax imposed by chapters 10-45 or 10-46 or contractor's excise tax imposed by chapters 10-46A or 10-46B;

(8) "GOED," the Governor's Office of Economic Development;

(9) "New or expanded facility," a new building or structure, or the expansion, renovation, or retrofitting of an existing building or structure, which is subject to the contractor's excise tax imposed by chapters 10-46A or 10-46B;

(10) "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

(11) "Project," a new or expanded facility with a project cost which exceed twenty million dollars, or equipment upgrades with a project cost which exceed two million dollars. A project includes laboratory and testing facilities, manufacturing facilities, advanced telecommunications capability, data centers, power generation facilities, power transmission facilities, agricultural processing facilities, wind energy facilities, and facilities defined by GOED as targeted industries. A project does not include any building or structure:

(a) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, or the provision of advanced telecommunications capability, to individual consumers;

(b) Used predominantly for residential housing or transient lodging;

(d) Used predominantly for the transportation or transmission of natural gas, oil, or crude oil by means of a pipeline; or

(e) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts;

(12) "Project cost," the amount paid by the project owner in money, credits, property, or other consideration associated with a project including, without limitation, land, labor, materials, furniture, equipment, fees, or fixtures;

(13) "Wind energy facility," any new facility or facility expansion that:

(a) Consists of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that convert wind movement into electricity, and is subject to the tax imposed by §§ 10-35-18 and 10-35-19; and

(b) The construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B;

(14) "Advanced telecommunications capability," without regard to any transmission media or technology, is high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology that provides a minimum actual download speed of at least twenty-five megabits per second and actual upload speed of at least three megabits per second.

Source: SL 2013, ch 7, § 24, eff. Mar. 20, 2013; SL 2017, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-57. Reinvestment payment procedure.

If the projects costs for a new or expanded facility exceeds twenty million dollars or the projects costs for equipment upgrades exceeds two million dollars, a person may apply for a reinvestment payment pursuant to §§ 1-16G-56 to 1-16G-68, inclusive. The person shall:

(1) Timely file an application as required by § 1-16G-58;

(2) Receive a permit from GOED pursuant to § 1-16G-60;

(3) Timely file the affidavit of reinvestment payment as required by § 1-16G-61; and

(4) Comply with the provisions of §§ 1-16G-56 to 1-16G-68, inclusive, to qualify for the reinvestment payment.

A project with a construction date on or after April 1, 2013, may receive a reinvestment payment as provided by §§ 1-16G-56 to 1-16G-68, inclusive.

Source: SL 2013, ch 7, § 25, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-58. Application for reinvestment payment.

Before any person receives any reinvestment payment as provided in §§ 1-16G-56 to 1-16G-68, inclusive, the person shall file an application with GOED. The application may be filed no later than ninety days after the construction date. No person may receive any reinvestment payment as provided by §§ 1-16G-56 to 1-16G-68, inclusive, if the application is not timely filed with GOED.

The application shall include the following information:

(1) The project owner's name and contact information;

(2) The general description of the project;

(3) The construction date of the project;

(4) The projected date for completion of the project;

(5) The estimated project costs;

(6) The location of the project;

(7) The legal description of the project location;

(8) A list of the anticipated contractors and subcontractors that will perform work on the project; and

(9) Any other information that GOED may require.

The application shall be on a form prescribed by the commissioner. The application shall be signed by the project owner under penalty of perjury, and signed under oath before a notary public. No application may include more than one project.

Source: SL 2013, ch 7, § 26, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-59. Factors for board review of application.

The Board of Economic Development shall review an application and make a determination of whether the project is approved or disapproved. The board shall consider the likelihood that the project would have occurred without the reinvestment payment. The board may approve a reinvestment payment that is equal to or less than South Dakota sales and use tax paid on the project costs.

The board shall consider the following factors when making that determination:

(1) Has the county or municipality adopted a formula to reduce property taxation for the project for five years under the discretionary formula pursuant to § 10-6-137;

(2) Has the county or municipality approved a tax increment financing district pursuant to chapter 11-9 for the area where the project will be located;

(3) Has the municipality approved a municipal sales tax refund pursuant § 10-52-10;

(4) Economic activity that may occur in the community, area, and state; and

(5) Criteria established by rules promulgated pursuant to § 1-16G-67.

Source: SL 2013, ch 7, § 27, eff. Mar. 20, 2013; SL 2018, ch 70, § 46; SL 2021, ch 44, § 44.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-60. Permit to submit an affidavit for reinvestment payment.

Upon approval of the application by the Board of Economic Development, GOED shall issue a permit entitling the person to submit an affidavit for reinvestment payment as provided by § 1-16G-61. The permit and reinvestment payment is assignable and transferable and may be used as collateral or security pursuant to chapter 57A-9. If the initial permit holder entity reorganizes into a new entity, the new entity shall file with GOED an amended application within sixty days of the reorganization. If either the permit or reinvestment payment, or both, is assigned or transferred to another entity, such entity shall file with GOED an amended application within sixty days.

Source: SL 2013, ch 7, § 28, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-61. Affidavit for reinvestment payment--Form and contents.

Any person that has timely filed the application and is holding a permit issued by GOED, and has completed the project, shall file an affidavit for reinvestment payment with GOED.

The affidavit for reinvestment payment shall contain the following information:

(1) The project owner's name and contact information;

(2) The general description of the project;

(3) The date of completion of the project;

(4) The final project costs;

(5) The amount of South Dakota sales tax, use tax, and contractors excise tax paid for the construction of the project;

(6) The location of the project;

(7) The legal description of the project location;

(8) A list of the contractors and subcontractors that performed work on the project;

(9) If the reinvestment payment was assigned or transferred, the name and address of the person to whom the reinvestment payment has been assigned or transferred; and

(10) Any other information that GOED may require.

The affidavit for reinvestment payment shall be on a form prescribed by the commissioner. The affidavit for reinvestment payment shall be signed by the project owner and signed under oath before a notary public. No affidavit for reinvestment payment may include more than one project.

Source: SL 2013, ch 7, § 29, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-62. Time for filing affidavit for reinvestment payment--Eligible project costs--Extension.

The affidavit for reinvestment payment as required by § 1-16G-61 shall be filed no later than six months after the completion of the project. If the affidavit for reinvestment payment is not timely filed, the person is ineligible for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68, inclusive. If the person filing the affidavit for reinvestment payment knowingly makes any material false statement or report in the affidavit for reinvestment payment, the person is ineligible for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68, inclusive.

No project costs that occur after three years from the construction date are eligible to be included in the final project cost determination for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68, inclusive, unless an extension is granted at the sole discretion of the board, which extension may not extend beyond four years from the construction date.

Source: SL 2013, ch 7, § 30, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-63. Time and manner of reinvestment payment.

After the timely receipt of a completed affidavit for reinvestment payment, within ninety days GOED shall make payment from the reinvestment fund to the project owner based upon the amount and terms approved by the board as a reinvestment payment. If GOED requests additional documents or information from the project owner, the ninety day period begins to run from the date of receipt of the additional documents or information. GOED shall tender the reinvestment payment by electronic funds transfer.

Source: SL 2013, ch 7, § 31, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-64. Reinvestment payment fund created.

There is hereby created the reinvestment payment fund for the purpose of making reinvestment payments pursuant to the provisions of §§ 1-16G-56 to 1-16G-68, inclusive, and new frontiers payments pursuant to the provisions of §§ 1-16G-73 to 1-16G-84, inclusive.

If the board approves a reinvestment payment pursuant to the provisions of §§ 1-16G-56 to 1-16G-68, inclusive, the Department of Revenue shall deposit into the fund a portion or all of the sales and use taxes paid by the project owner up to a maximum amount of the reinvestment payment approved by the board.

If the board approves a new frontiers payment pursuant to the provisions of §§ 1-16G-73 to 1-16G-84, inclusive, the Department of Revenue shall deposit into the fund a portion or all of the sales and use taxes paid by the program owner up to a maximum amount of the new frontiers payment approved by the board.

The funds in the reinvestment project fund are continuously appropriated to GOED to make reinvestment payments pursuant to §§ 1-16G-56 to 1-16G-68, inclusive, and new frontiers payments pursuant to §§ 1-16G-73 to 1-16G-84, inclusive. If any money deposited in the fund and set aside for a specific reinvestment payment or new frontiers payment is in excess of the final reinvestment or new frontiers payment, as applicable, or the specific project or program becomes ineligible for the reinvestment or new frontiers payment, as applicable, such money shall be deposited into the general fund. Interest earned on money in the fund shall be deposited into the general fund.

Source: SL 2013, ch 7, § 32, eff. Mar. 20, 2013; SL 2016, ch 5, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-65. Effect of tax collection agreement with Indian tribe.

If the project is located on land that is included within the agreement area of a sales and use tax collection agreement entered into by the state and an Indian tribe pursuant to chapter 10-12A, the board may only approve a reinvestment payment that is equal to or less than the amount of funds attributable to the project that the Department of Revenue retains pursuant to the terms of the tax collection agreement.

Source: SL 2013, ch 7, § 33, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-66. Public records-Information on the GOED website.

The name of any person that receives a reinvestment payment as provided by §§ 1-16G-56 to § 1-16G-68, inclusive, and the amount of the reinvestment payment is public information and shall be available and open to public inspection as provided in § 1-27-1. The following information shall be made public on the GOED website as public information:

(1) An estimated number of the full-time jobs to be created by the project;

(2) An estimated average wage of the full-time jobs;

(3) A list of all the local government tax mechanisms and state economic tools, loans, or grants provided to the project;

(4) An estimate of the property taxes to be paid by the project; and

(5) A statement of why the project would not have occurred in South Dakota without the reinvestment payment.

Source: SL 2013, ch 7, § 34, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-67. Promulgation of rules on reinvestment payments.

The board may promulgate rules, pursuant to chapter 1-26, concerning the procedures and forms for applying for and receiving the reinvestment payment, the requirements necessary to qualify for the reinvestment payment, and the criteria to evaluate projects submitting applications.

Source: SL 2013, ch 7, § 35, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-68. Prohibited commissions.

No person who works for a project may be employed for a commission dependent in any manner upon the approval of any government grants, loans, or reinvestment payments that the person obtains for the project.

Source: SL 2013, ch 7, § 36, eff. Mar. 20, 2013.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-69 to 1-16G-72. Executed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-73. Definitions relating to new frontiers program.

Terms used in §§ 1-16G-73 to 1-16G-84, inclusive, mean:

(1) "Board," the Board of Economic Development;

(2) "Commissioner," the commissioner of the Governor's Office of Economic Development;

(3) "Completed the program" or "completion of the program," the first date when the program's schedule of work as outlined in the application required under § 1-16G-75 is finished. In the specific case of a clinical trial for a new pharmaceutical product or medical device, this term means the end date of the clinical trial phase undertaken pursuant to approval by a federal authority;

(4) "Commencement date," the first date preclinical research or clinical trial activities begin pursuant to a program's schedule of work or the terms of an approval by a federal authority. For a person already engaged in a program and relocating to South Dakota from a foreign jurisdiction, commencement date means the date of first full-time occupancy of an office or other facility located in this state;

(5) "Department," the Department of Revenue;

(6) "Federal authority," an agency or instrumentality of the United States government authorized under law to regulate the activities of the program, including the U.S. Food and Drug Administration and the National Institutes of Health;

(7) "GOED," the Governor's Office of Economic Development;

(8) "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit. The term also includes any heirs, assigns, or successors in interest thereto;

(9) "Program," a planned, sustained original research engagement into a new or adapted method, process, product, or technology, or the testing of a new method, process, product, or technology under approval by a federal authority, including a clinical trial for a new pharmaceutical product or medical device;

(10) "Program cost," the amount paid by the program owner in money, credits, property, or other consideration associated with a program including contract labor, materials, equipment, supplies, or fees.

Source: SL 2016, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-74. Requirements for new frontiers program applicants.

A person may apply for a new frontiers payment pursuant to §§ 1-16G-73 to 1-16G-84, inclusive. The person shall:

(1) Timely file an application as required by § 1-16G-75;

(2) Receive a permit from GOED pursuant to § 1-16G-77;

(3) Timely file an affidavit for new frontiers payment as required by § 1-16G-78; and

(4) Comply with the provisions of §§ 1-16G-73 to 1-16G-84, inclusive, to qualify for the new frontiers payment.

A program with a commencement date after March 31, 2016, may receive a new frontiers payment as provided by §§ 1-16G-73 to 1-16G-84, inclusive.

Source: SL 2016, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-75. Time for filing application--Contents.

Before any person receives any new frontiers payment as provided in §§ 1-16G-73 to 1-16G-84, inclusive, the person shall file an application with GOED. The application may be filed no later than thirty days after the commencement date. No person may receive a new frontiers payment if the application is not timely filed with GOED.

The application shall include the following information:

(1) The program owner's name and contact information;

(2) The general description of the program;

(3) The commencement date of the program;

(4) The projected date for completion of the program;

(5) A schedule of work for the program;

(6) The estimated program costs;

(7) The location of the program;

(8) A list of the anticipated contractors and subcontractors who will perform work on the program;

(9) A copy of any approval notification by a federal authority;

(10) A commitment from the program owner to manufacture or process the product resulting from the program in South Dakota; and

(11) Any other information that GOED may require.

The application shall be on a form prescribed by the commissioner. The application shall be signed by the program owner under penalty of perjury. No application may include more than one program.

Source: SL 2016, ch 5, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-76. Board review of application--Factors for consideration.

The board shall review the application and make a determination of whether the program shall be approved or disapproved. The board may approve a new frontiers payment that is equal to or less than South Dakota sales and use tax paid on the program costs.

The board shall consider the following factors when making that determination:

(1) Is the program in an industry or sector identified by GOED as a priority for economic development;

(2) Is the program likely to lead to future economic development or commercialization opportunities located in South Dakota;

(3) Impact of the program on current economic activity in the community, area, and state;

(4) Extent to which program costs are subject to similar taxes in other states; and

(5) Criteria pertaining to eligible activities and economic impact established by rules promulgated pursuant to § 1-16G-84.

Source: SL 2016, ch 5, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-77. Permit from GOED--Assignment and transfer of permit and payment--Amended application.

Upon approval of the application by the board, GOED shall issue a permit entitling the person to submit an affidavit for new frontiers payment as provided by § 1-16G-80. The permit and new frontiers payment is assignable and transferable and may be used as collateral or security pursuant to chapter 57A-9. If the initial permit holder entity reorganizes into a new entity, the new entity shall file with GOED an amended application within sixty days of the reorganization. If either the permit or new frontiers payment, or both, is assigned or transferred to another entity, the entity shall file with GOED an amended application within sixty days.

Source: SL 2016, ch 5, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-78. Affidavit for new frontiers payment--Contents.

Any person holding a new frontiers permit issued by GOED and completing its program shall file an affidavit for new frontiers payment with GOED.

The affidavit for new frontiers payment shall contain the following information:

(1) The program owners' name and contact information;

(2) The general description of the program;

(3) The date of completion of the program;

(4) The final program costs;

(5) The amount of South Dakota sales tax and use tax paid for the completion of the program;

(6) The location of the program;

(7) A list of the contractors and subcontractors who performed work on the program;

(8) A copy of any approval notification by a federal authority;

(9) A commitment from the program owner to manufacture or process the product resulting from the program in South Dakota;

(10) If the new frontiers payment was assigned or transferred, the name and address of the person to whom the new frontiers payment has been assigned or transferred; and

(11) Any other information that GOED may require.

The affidavit for new frontiers payment shall be on a form prescribed by the commissioner. The affidavit for new frontiers payment shall be signed by the program owner. No affidavit for new frontiers payment may include more than one program.

Source: SL 2016, ch 5, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-79. Time for filing affidavit for payment--Final program cost determination--Extension.

The affidavit for new frontiers payment as required by § 1-16G-78 shall be filed no later than six months after the completion of the program. If the affidavit for new frontiers payment is not timely filed, the person is ineligible for a new frontiers payment. If the person filing the affidavit for new frontiers payment knowingly makes any material false statement or report in the affidavit for new frontiers payment, the person is ineligible for a new frontiers payment.

No program costs that occur after eight years from the commencement date are eligible to be included in the final program cost determination for a new frontiers payment, unless an extension is granted at the sole discretion of the board. Any extension granted may not extend beyond twelve years from the commencement date.

Source: SL 2016, ch 5, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-80. Time for new frontiers payment--Additional information.

After the timely receipt of a completed affidavit for new frontiers payment, within ninety days GOED shall make payment from the reinvestment fund established in § 1-16G-64 to the program owner based upon the amount and terms approved by the board. If GOED requests additional documents or information from the program owner, the ninety-day period begins to run from the date of receipt of the additional documents or information. GOED shall tender the new frontiers payment by electronic funds transfer.

Source: SL 2016, ch 5, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-81. Repayment upon relocation outside of state--Repayment waiver.

If a person receives a new frontiers payment under § 1-16G-80 for a program, but subsequently locates the manufacture or processing of the product resulting from the program outside of South Dakota, the person shall repay all new frontiers payments to the State of South Dakota. Upon application by the person, the board may in its discretion waive all or part of the repayment obligation.

The application for repayment waiver shall be on a form prescribed by the commissioner and shall be signed by the person requesting the waiver.

Source: SL 2016, ch 5, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-82. Limitations on reinvestment payments.

The limitations on reinvestment payments imposed by § 1-16G-65 also apply to any new frontiers payment approved by the board.

Source: SL 2016, ch 5, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-83. Public information.

The name of any person that receives a new frontiers payment or waiver as provided by §§ 1-16G-73 to 1-16G-84, inclusive, and the amount of the new frontiers payment or waiver, is public information and shall be available and open to public inspection as provided in § 1-27-1.

Source: SL 2016, ch 5, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-84. Promulgation of rules regarding new frontiers program.

The board may promulgate rules, pursuant to chapter 1-26, concerning the procedures and forms for applying for and receiving the new frontiers payment, the requirements necessary to qualify for the new frontiers payment, and the criteria to evaluate programs submitting applications.

Source: SL 2016, ch 5, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-85. [Effective until July 1, 2025] Definitions.

Terms used in §§ 1-16G-85 through 1-16G-89 mean:

(1) "Commissioner," the Commissioner of the Governor's Office of Economic Development;

(2) "Disaster relief subfund," the small business economic disaster relief subfund created in § 1-16G-86;

(3) "COVID-19 state of emergency," the COVID-19 outbreak emergency declared by the Governor as provided in § 34-48A-5, including any extension thereof; and

(4) "Small business," a business enterprise with no more than two hundred fifty full-time equivalent employees.

Source: SL 2020, ch 3, § 1, eff. Mar. 31, 2020.

Effective July 1, 2025

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-85. Repealed.

Source: SL 2020, ch 3, § 1, eff. Jul. 1, 2025.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-86. [Effective until July 1, 2025] Disaster relief subfund--Creation--Continuous appropriation.

There is created within the revolving economic development and initiative fund created by § 1-16G-3 the small business economic disaster relief subfund. Unexpended money and any interest that may be credited to the subfund shall remain in subfund. Any money in the subfund is continuously appropriated to the Governor's Office of Economic Development. The commissioner may accept grants and gifts to the subfund.

Source: SL 2020, ch 3, § 2, eff. Mar. 31, 2020.

Effective July 1, 2025

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-86. Repealed.

Source: SL 2020, ch 3, § 2, eff. Jul. 1, 2025.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-87. [Effective until July 1, 2025] Disaster relief subfund--Loans.

The commissioner may make loans from the disaster relief subfund to small businesses adversely affected by the COVID-19 state of emergency. The commissioner shall approve loans from the disaster relief subfund upon terms established by the commissioner. Loan proceeds may be used for business purposes as approved by the commissioner. A loan from the disaster relief subfund under this section must meet each of the following criteria:

(1) The loan may not exceed seventy-five thousand dollars;

(2) The interest rate on the loan must not be at a rate greater than zero percent; and

(3) The loan may not include any fee for processing, administering, or servicing of the loan, except in the case of a default by the borrower.

Source: SL 2020, ch 3, § 3, eff. Mar. 31, 2020.

Effective July 1, 2025

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-87. Repealed.

Source: SL 2020, ch 3, § 3, eff. Jul. 1, 2025.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-88. [Effective until July 1, 2025] Disaster relief subfund--Reporting.

The commissioner shall provide a report at each regular meeting of the Board of Economic Development containing the name of each disaster relief subfund borrower, the amount of the loan, and the maturity date of the loan. The report shall be a public document and shall be posted on the Governor's Office of Economic Development website.

Source: SL 2020, ch 3, § 4, eff. Mar. 31, 2020.

Effective July 1, 2025

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-88. Repealed.

Source: SL 2020, ch 3, § 4, eff. Jul. 1, 2025.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-89. [Effective until July 1, 2025] Disaster relief subfund loans--Confidentiality.

The meetings and deliberations of the commissioner and the Governor's Office of Economic Development concerning loans from the disaster relief subfund are confidential and exempt from public disclosure, chapter 1-25, and chapter 1-27. Any documentary material or data made or received by the commissioner or the Governor's Office of Economic Development for the purpose of acting upon an application for a loan from the disaster relief subfund or administering the loan, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, are not considered public records, and are exempt from disclosure. Nothing in this section prohibits the disclosure of confidential information to the extent necessary to collect or recoup the loan or the disclosure of confidential information to the Board of Economic Development.

Source: SL 2020, ch 3, § 5, eff. Mar. 31, 2020.

Effective July 1, 2025

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16G-89. Repealed.

Source: SL 2020, ch 3, § 5, eff. Jul. 1, 2025.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16H SCIENCE AND TECHNOLOGY AUTHORITY

CHAPTER 1-16H

SCIENCE AND TECHNOLOGY AUTHORITY

1-16H-1      Legislative findings.
1-16H-2      Purpose of authority.
1-16H-3      Definitions.
1-16H-4      Science and Technology Authority created.
1-16H-5      Board of directors--Appointment and terms.
1-16H-6      Removal of members--Grounds.
1-16H-7      Compensation of members--Reimbursement of expenses.
1-16H-8      Oath of office.
1-16H-9      Executive director, agents, and employees--Duties--Compensation.
1-16H-10      Meetings of the board.
1-16H-11      Quorum--Vote required for action.
1-16H-12      Business interests not disqualification for membership--Abstention where conflict of interest.
1-16H-13      Open meetings--Notice.
1-16H-14      Record of proceedings--Filings--Copies--Certification.
1-16H-15      Powers and duties of authority.
1-16H-16      Promulgation of rules.
1-16H-17      Loans and grants made by authority.
1-16H-18      Investment of funds.
1-16H-18.1      Investment of funds with State Investment Council.
1-16H-19      Issuance of bonds, notes, or other evidence of indebtedness.
1-16H-20      Suit to compel performance by holder of revenue bond, note, or instrument issued by authority.
1-16H-21      Suit by holder of revenue bond to compel payment of principal, interest, or premium--Jurisdiction.
1-16H-22      Negotiability of bonds, notes, or instruments--Temporary bonds, notes, or instruments.
1-16H-23      Pledge of revenues from lease or loan agreement--Trust agreement.
1-16H-24      Pledge or assignment of or lien on or security interest in revenues, funds, or accounts.
1-16H-25      Pledge by state not to impair rights and remedies of holders of bonds and notes.
1-16H-26      State not liable for principal or interest on bonds, notes, instruments, or obligations of authority.
1-16H-27      Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.
1-16H-28      Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.
1-16H-29      Title to projects.
1-16H-30      Acquisition of property.
1-16H-31      Acquisition, improvement, maintenance, and decommissioning of projects.
1-16H-31.1      Subsurface property defined.
1-16H-31.2      Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.
1-16H-31.3      Declaration of taking--Contents.
1-16H-31.4      Effective date of condemnation and right to just compensation.
1-16H-31.5      Notice of hearing on right to take--Waiver of right to question necessity--Order of court.
1-16H-31.6      Service or mailing of copy of declaration of taking and amendments.

1-16H-31.7      Amendments to the declaration of taking--Filing.
1-16H-31.8      Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.
1-16H-31.9      Distribution of money on deposit with the court--Judgment against authority for deficiency.
1-16H-31.10      Application of other provisions to subsurface property rights taken by authority.
1-16H-32      Intergovernmental agreements.
1-16H-33      Sharing of agency employees.
1-16H-34      Inapplicability of § 5-2-19.
1-16H-35      Transfer or exchange of property with other state agencies.
1-16H-36      Designation of depositories.
1-16H-37      Tax exemption of authority.
1-16H-38      Authority reports to Governor's Office of Economic Development.
1-16H-39      Informational budget.
1-16H-40      Transfer of functions and programs of Homestake Laboratory Conversion Project.
1-16H-41      Homestake Mine donation.
1-16H-42      Severability of provisions.
1-16H-43      Immunity from liability for condition or use of certain donated property.
1-16H-44      Property tax exemption for certain leased property in Lawrence County.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-1. Legislative findings.

The Legislature finds and declares:

(1) That the State of South Dakota and the northern plains region of the United States are underrepresented and underdeveloped in the areas of scientific and technological investigation, experimentation, and development;

(2) That fostering and facilitating scientific and technological investigation, experimentation, and development will benefit the state economically and educationally by creating immediate and future jobs and educational opportunities, and will add to the quality of life of the citizens of South Dakota by adding to the general wealth of human knowledge;

(3) That the creation of the authority by this chapter will foster and facilitate scientific and technological investigation, experimentation, and development by creating a mechanism through which laboratory, experimental, and development facilities, both nonprofit and for-profit, both governmental and nongovernmental, may be acquired, developed, constructed, funded, maintained, and operated; and

(4) That the foregoing are public purposes and uses.

Source: SL 2004, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-2. Purpose of authority.

The purpose of the authority created by this chapter is to foster and facilitate scientific and technological investigation, experimentation, and development by creating a mechanism through which laboratory, experimental, and development facilities may be acquired, developed, constructed, maintained, operated, and decommissioned.

Source: SL 2004, ch 15, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-3. Definitions.

Terms used in this chapter mean:

(1) "Authority," the South Dakota Science and Technology Authority created by this chapter;

(2) "Board," the board of directors of the authority;

(3) "Project," any undertaking that includes surface and underground real and personal property, including mineral rights, water rights, facilities, buildings and other structures, improvements, machinery, parking facilities, and all other equipment or resources generally suitable for use in, developing, constructing, acquiring, improving, maintaining, or operating a facility or laboratory for scientific research or technological development. A project includes all site improvements and new construction for sidewalks, sewers, water facilities, solid waste and wastewater treatment and disposal sites, pollution control facilities, resource or waste reduction, recovery, treatment, and disposal facilities, parks, open spaces, wildlife sanctuaries, streets, highways, runways, hangars, and any other facilities or operations required for the development, construction, acquisition, improvement, maintenance, or operation of a facility or laboratory for scientific research or technological development;

(4) "Costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project," includes the following: the cost of purchase of liability, indemnification, and other insurance or other risk-reduction or risk-transfer mechanisms necessary in order to acquire the facilities or property necessary for a project, or to maintain and operate a project; the cost of purchase and construction of all real and personal property and related improvements, together with the equipment and other property, water rights, mineral rights, and easements acquired that are deemed necessary for the construction of the project; financing charges; interest costs with respect to revenue bonds, notes, and other evidences of indebtedness of the authority prior to and during initial construction and for a period of thirty-six months thereafter; engineering and legal expenses; the costs of plans, specifications, surveys, and estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any project; and such other expenses as may be necessary or incident to the financing, insuring, development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a specific project;

(5) "Financial aid," funds or in-kind contributions or donations from any source, including grants, and also the expenditure of authority funds or funds provided by the authority through the issuance of its revenue bonds, notes, or other evidences of indebtedness for the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project;

(6) "Governmental agency," any federal, state, or local governmental body, and any agency or instrumentality thereof, corporate or otherwise;

(7) "Lease agreement," an agreement under which a project is leased to any person, governmental agency, foundation, or entity that will use or cause the project to be used as a project upon such terms as may be deemed desirable by the authority, including providing for lease rental payments at least sufficient to pay when due the lessee's pro rata share of all principal of and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the authority issued with respect to the project, providing for the maintenance, insurance, operation, and decommissioning of the project on terms satisfactory to the authority, and providing for disposition of the project upon termination of the lease term, including purchase options or abandonment of the premises;

(8) "Financing agreement," any agreement by which the authority agrees to loan or grant its funds, including the proceeds of its revenue bonds, notes, or other evidences of indebtedness issued with respect to a project to any person or governmental agency that will use or operate the project upon terms providing for loan repayment installments at least sufficient to pay when due the borrower's pro rata share of all principal and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the authority issued with respect to the project, providing for construction, maintenance, insurance, operation, and decommissioning of the project on terms satisfactory to the authority, and providing for other matters as may be deemed advisable by the authority;

(9) "Person," includes, without limitation, an individual, corporation, limited liability company, unincorporated association, foundation, partnership, limited liability partnership, and any other legal entity, including a trustee, receiver, assignee, or personal representative of the entity;

(10) "Revenue bond" or "bond," any bond issued by the authority, the principal and interest of which are payable solely from revenues or income derived from any project or activity of the authority.

Source: SL 2004, ch 15, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-4. Science and Technology Authority created.

The South Dakota Science and Technology Authority is hereby created as a body corporate and politic.

Source: SL 2004, ch 15, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-5. Board of directors--Appointment and terms.

The governing and administrative powers of the authority are vested in its board of directors, consisting of seven voting members. The president of the South Dakota School of Mines and Technology and the president of Black Hills State University are ex-officio, nonvoting members. The Governor shall appoint the voting members, with the advice and consent of the Senate. Not all voting members of the board may be of the same political party. The terms of the voting members of the board are six years. Members of the board may serve more than one term.

Source: SL 2004, ch 15, § 5, eff. Feb. 11, 2004; SL 2014, ch 8, § 1; SL 2023, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-6. Removal of members--Grounds.

The Governor may remove any member of the board for cause, including incompetence, neglect of duty, or malfeasance in office.

Source: SL 2004, ch 15, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-7. Compensation of members--Reimbursement of expenses.

Voting members of the board shall receive compensation for the performance of their duties as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority. All members may be reimbursed at rates established by the Board of Finance for necessary expenses, including travel and lodging expenses, incurred in connection with the performance of their duties as members.

Source: SL 2004, ch 15, § 7, eff. Feb. 11, 2004; SL 2009, ch 1, § 21; SL 2014, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-8. Oath of office.

Each member of the board shall, before entering upon the duties of office, take and subscribe the constitutional oath of office.

Source: SL 2004, ch 15, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-9. Executive director, agents, and employees--Duties--Compensation.

The board may appoint an executive director. The executive director may not be a member of the board. The executive director shall hold office at the discretion of the board. The executive director shall perform such duties as may be prescribed from time to time by the board and shall receive compensation fixed by the board. The board may engage the services of such other agents and employees as the board deems appropriate and may prescribe their duties and fix their compensation.

Source: SL 2004, ch 15, § 9; SL 2008, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-10. Meetings of the board.

The board shall meet on the call of the chair, upon the written request of four members of the board, or upon the request of the executive director.

Source: SL 2004, ch 15, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-11. Quorum--Vote required for action.

A majority of the voting members of the board constitutes a quorum for the transaction of business. Any official act of the authority requires the affirmative vote of at least four voting members of the board at a meeting of the board at which the members casting those affirmative votes are present.

Source: SL 2004, ch 15, § 11, eff. Feb. 11, 2004; SL 2009, ch 1, § 22; SL 2014, ch 8, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-12. Business interests not disqualification for membership--Abstention where conflict of interest.

Notwithstanding any other law to the contrary it is not a conflict of interest for a trustee, director, officer, or employee of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, engineering firm, mining firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, if the trustee, director, officer, or employee abstains from deliberation, action, and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

Source: SL 2004, ch 15, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-13. Open meetings--Notice.

Each meeting of the authority for any purpose whatsoever shall be open to the public as required by chapter 1-25. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted.

Source: SL 2004, ch 15, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-14. Record of proceedings--Filings--Copies--Certification.

The executive director or other person designated by the authority shall keep a record of the proceedings thereof and shall be custodian of all books, documents, and papers filed with the authority, the minute books or journal of the authority and its official seal. The executive director or other person designated by the authority may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.

Source: SL 2004, ch 15, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-15. Powers and duties of authority.

The authority may:

(1) Have perpetual succession as a body politic and corporate exercising essential public functions;

(2) Sue and be sued in its own name;

(3) Have an official seal and alter the seal at will;

(4) Maintain an office at such places within the state as the authority may designate;

(5) Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

(6) Employ fiscal consultants, engineers, attorneys, and such other consultants and employees as may be required and contract with agencies of the state to provide staff and support services;

(7) Procure insurance against any loss in connection with its property and other assets, including loans and notes in such amounts and from such insurers as it may deem advisable;

(8) Borrow money and issue bonds as provided by this chapter;

(9) Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities, including any department, agency, or instrumentality of the United States or the state, for payment of all or any portion of any bonds issued by the authority, including the power to pay premiums, fees, or other charges on any such insurance, letters of credit, guarantees, or credit arrangements;

(10) Receive and accept from any source financial aid or contributions of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

(11) Provide technical assistance to local public bodies and to profit and nonprofit entities to foster and facilitate scientific and technological investigation, experimentation, and development;

(12) Collaborate with Black Hills State University and the South Dakota School of Mines and Technology to provide educational and outreach opportunities;

(13) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(14) To make loans and grants to, and enter into financing agreements with, any governmental agency or any person for the costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project, or for the maintenance of the physical or structural integrity of real or personal property incorporated or which may be incorporated into a project, in accordance with a written agreement between the authority and such governmental agency or person. However, no such loan or grant may exceed the total cost of such project as determined by the governmental agency or person and approved by the authority;

(15) Cooperate with and exchange services, personnel, and information with any governmental agency;

(16) Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(17) Sell, exchange, lease, donate, and convey any of its properties whenever the authority finds such action to be in furtherance of the purposes for which it was organized;

(18) Acquire, hold, lease, and dispose of real and personal property, and construct, develop, maintain, operate, and decommission projects for the purposes for which the authority was created;

(19) Indemnify any person or governmental agency for such reasonable risks as the authority deems advisable if the indemnification is a condition of a grant, gift, or donation to the authority. However, any such obligation to indemnify may only be paid from insurance or from revenues of the authority, and such obligation does not constitute a debt or obligation of the State of South Dakota; and

(20) Do any act and execute any instrument which in the authority's judgment is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it.

Source: SL 2004, ch 15, § 15; SL 2023, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-16. Promulgation of rules.

The authority may, pursuant to chapter 1-26, promulgate rules necessary to regulate the authority's affairs, to carry into effect the powers and purposes of the authority, and to conduct its business, including rules to:

(1) Establish application procedures for grants and loans from the authority;

(2) Establish eligibility criteria for such grants or loans;

(3) Govern the use of proceeds of such grants or loans;

(4) Establish criteria for the terms and conditions upon which such grants or loans shall be made, including the security, if any, that may be required for such loans; and

(5) Establish criteria for the lease or other use of any real or personal property owned by the authority, or the placement of experiments in any facility owned or controlled by the authority.

Source: SL 2004, ch 15, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-17. Loans and grants made by authority.

Loans and grants made by the authority pursuant to the terms of this chapter shall be upon such terms and conditions as the authority may deem necessary, and may be with or without interest and on a secured or unsecured basis.

Source: SL 2004, ch 15, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-18. Investment of funds.

The authority may invest any funds not needed for immediate investment in the following:

(2) Obligations issued by or obligations the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States of America;

(3) Certificates of deposit or time deposits constituting direct obligations of any bank which is a qualified public depository or any savings and loan association which is a savings and loan depository under the Public Deposit Insurance Act pursuant to chapter 4-6A, unless sufficient volume of such certificates is not available at competitive interest rates. In that event, the authority may purchase noncollateralized direct obligations of any bank or savings institution or holding company if such institution or holding company is rated in the highest two quality categories by a nationally recognized rating agency;

(4) Obligations of any solvent insurance company or other corporation or business entity existing under the laws of the United States or any state thereof, if the obligation of the insurance company or other corporation or business entity is rated in the two highest classifications established by a standard rating service of insurance companies or a nationally recognized rating agency;

(5) Short term discount obligations of the Federal National Mortgage Association;

(6) Obligations issued by any state of the United States or any political subdivision, public instrumentality, or public authority of any state of the United States, which obligations are not callable before the date the principal thereof will be required to be paid and which obligations are fully secured as to both sufficiency and timely payment by, and payable solely from, securities described in subdivision (1) and which obligations are rated in the highest investment classification by at least two standard rating services of such obligations.

Any securities may be purchased at the offering or market price thereof at the time of the purchase. All securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds will be required for expenditure or be redeemable is final and conclusive. Investment in any obligation enumerated in this section may be made either directly or in the form of securities of, or other interests in, an investment company registered under the Federal Investment Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and whose investments are limited to these obligations.

Source: SL 2004, ch 15, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-18.1. Investment of funds with State Investment Council.

In addition to the investments authorized by § 1-16H-18, the authority may invest any funds of the authority in an account with the State Investment Council pursuant to chapter 4-5.

Source: SL 2005, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-19. Issuance of bonds, notes, or other evidence of indebtedness.

The authority may issue revenue bonds, notes, or other evidences of indebtedness to pay the cost incurred in connection with developing, constructing, acquiring, improving, maintaining, operating, and decommissioning projects. For the purpose of evidencing the obligations of the authority to repay any money borrowed, the authority may, pursuant to resolution, from time to time issue and dispose of its interest bearing revenue bonds, notes, or other instruments and may also from time to time issue and dispose of such bonds, notes, or other instruments to refund, at maturity, at a redemption date, or in advance of either, any revenue bonds, notes, or other instruments pursuant to redemption provisions or at any time before maturity. All such revenue bonds, notes, or other instruments are payable solely from the revenues or income to be derived with respect to projects, from the leasing or sale of the projects, or from any other funds available to the authority for such purposes. The revenue bonds, notes, or other instruments may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may bear interest at such rate or rates, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be provided by an applicable resolution.

Source: SL 2004, ch 15, § 19, eff. Feb. 11, 2004; SL 2009, ch 1, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-20. Suit to compel performance by holder of revenue bond, note, or instrument issued by authority.

Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any corporation or person or by the authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other instruments, to compel such corporation, person, the authority, and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other instruments by the provision of the resolution authorizing their issuance and to enjoin such corporation, person, the authority, and any of its agents or employees from taking any action in conflict with any such contract or covenant.

Source: SL 2004, ch 15, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-21. Suit by holder of revenue bond to compel payment of principal, interest, or premium--Jurisdiction.

If the authority fails to pay the principal of or interest on any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in the appropriate circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the chair of the board constitutes sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the authority and its officers named as defendants for the purpose of compelling such payment.

Source: SL 2004, ch 15, § 21, eff. Feb. 11, 2004; SL 2009, ch 1, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-22. Negotiability of bonds, notes, or instruments--Temporary bonds, notes, or instruments.

Notwithstanding the form and tenor of any such revenue bonds, notes, or other instruments and in the absence of any express recital on the face of any such revenue bond, note, or other instruments that it is non-negotiable, all such revenue bonds, notes, and other instruments are negotiable instruments. Pending the preparation and execution of any such revenue bonds, notes, or other instruments, temporary revenue bonds, notes, or instruments may be issued as provided by resolution.

Source: SL 2004, ch 15, § 22, eff. Feb. 11, 2004; SL 2009, ch 1, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-23. Pledge of revenues from lease or loan agreement--Trust agreement.

To secure the payment of any or all of such revenue bonds, notes, or other instruments, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and the issuance of any additional revenue bonds, notes, or other instruments payable from such revenues, income, or other funds to be derived from projects, the authority may execute and deliver a trust agreement. A remedy for any breach or default of the terms of any such trust agreement by the authority may be by mandamus proceedings in the appropriate circuit court to compel the performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

Source: SL 2004, ch 15, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-24. Pledge or assignment of or lien on or security interest in revenues, funds, or accounts.

The revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security a specific pledge or assignment of and lien on or security interest in any or all revenues or money of the authority from whatever source which may by law be used for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by resolution of the authority authorizing the issuance of such revenue bonds, notes, or other instruments. Any pledge made by the authority of revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project to pay revenue bonds, notes, or other evidences of indebtedness of the authority is binding from the time the pledge is made. Revenues and other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay revenue bonds, notes, or other evidences of indebtedness of the authority shall be held outside of the state treasury and in the custody of the authority or a trustee or a depository appointed by the authority. Revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay revenue bonds, notes, or other evidences of indebtedness of the authority and thereafter received by the authority or such trustee or depository is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind of tort, contract, or otherwise against the authority or the State of South Dakota, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.

Source: SL 2004, ch 15, § 24, eff. Feb. 11, 2004; SL 2009, ch 1, § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-25. Pledge by state not to impair rights and remedies of holders of bonds and notes.

The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of any contract made by the authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds, notes, or other instruments, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The authority is authorized to include these pledges and agreements of the state in any contract with the holders of revenue bonds, notes, or other instruments issued pursuant to this section.

Source: SL 2004, ch 15, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-26. State not liable for principal or interest on bonds, notes, instruments, or obligations of authority.

Nothing in this chapter may be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all revenue bonds, notes, other instruments and obligations issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state is not in any event liable for the payment of the principal of or interest on any bonds, notes, instruments, or obligations issued by the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.

Source: SL 2004, ch 15, § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-27. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

Source: SL 2004, ch 15, § 27.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-28. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information may be held by the authority in executive session.

Source: SL 2004, ch 15, § 28.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-29. Title to projects.

The authority may acquire title to any project with respect to which it exercises its authority.

Source: SL 2004, ch 15, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-30. Acquisition of property.

The authority may acquire by purchase, lease, gift, or otherwise any property or rights to any property from any person or any governmental agency, whether improved for the purposes of any prospective project or unimproved. The authority may also accept any donation of funds for its purposes from any of those sources.

Source: SL 2004, ch 15, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31. Acquisition, improvement, maintenance, and decommissioning of projects.

The authority may acquire, develop, construct, improve, maintain, operate, and decommission any project, either under its own direction or through collaboration with any approved applicant, or acquire any project through purchase or otherwise, using for that purpose the proceeds derived from its sale of revenue bonds, notes, or other instruments or governmental loans, grants, or other funds, and hold title to those projects in the name of the authority.

Source: SL 2004, ch 15, § 31, eff. Feb. 11, 2004; SL 2009, ch 1, § 27.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.1. Subsurface property defined.

For the purpose of §§ 1-16H-31.1 to 1-16H-31.10, inclusive, the term, subsurface property, means complete fee title to real property located one hundred feet or more below the surface, including the right to use such real property to construct, operate, support and maintain underground facilities, for scientific and technological experimentation and exploration, for the commercial exploitation of the subsurface for purposes other than mineral extraction, and for any other lawful purpose. The term, subsurface property, does not include ownership or the right to occupancy of the surface.

Source: SL 2005, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.2. Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.

The authority may condemn private and public subsurface property for public use for the purposes of acquiring, developing, constructing, maintaining, or operating projects. The authority may only condemn subsurface property upon or through which it already owns or controls some, but not all, property rights. If the authority deems it necessary to condemn any subsurface property for such purpose, it shall, by resolution, declare the condemnation necessary, stating the purposes and extent thereof. Thereupon, proceedings for condemnation shall be undertaken in the name of the authority, as provided in chapter 21-35 and this chapter.

Source: SL 2005, ch 12, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.3. Declaration of taking--Contents.

In any proceeding initiated under this chapter and chapter 21-35, the authority may, at any time before final judicial determination of the rights of the parties, file a declaration of taking, signed by the authority, declaring the extent of the subsurface property interest taken for the use of the authority.

The declaration of taking shall contain:

(1) A statement of the authority under which and the use for which the subsurface property interest is taken;

(2) A description of the subsurface property interest taken sufficient for identification thereof;

(3) A legal description of the subsurface property subject to or affected by the taking;

(4) The names of the owners of the property or persons in interest in the subsurface property, and a description of the interest claimed by each, as are known;

(5) A statement of the sum of money estimated by the authority to be just compensation for the subsurface property interest taken and damaged; and

(6) A detailed appraisal upon which the amount of the authority's estimate is based.

Source: SL 2005, ch 12, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.4. Effective date of condemnation and right to just compensation.

Title to the subsurface property interest specified in the declaration vests in the authority and the subsurface property interest is deemed condemned and taken for the use of the authority, and the right to just compensation for the subsurface property interest vests in the persons entitled thereto either on the date the decision is rendered pursuant to the hearing provided for in § 21-35-10.1 or the date the hearing is waived, either by consent in writing or by failing to make demand for the hearing within the time allowed.

Source: SL 2005, ch 12, § 4; SL 2009, ch 1, § 28.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.5. Notice of hearing on right to take--Waiver of right to question necessity--Order of court.

Upon filing of a declaration of taking pursuant to § 1-16H-31.3, the court may fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the authority. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the authority shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in § 1-16H-31.6 upon the record owners of all subsurface property sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as are just and equitable.

Source: SL 2005, ch 12, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.6. Service or mailing of copy of declaration of taking and amendments.

A copy of the declaration of taking filed pursuant to § 1-16H-31.2 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered mail at the defendant's last known post office address.

Source: SL 2005, ch 12, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.7. Amendments to the declaration of taking--Filing.

If any person who is a proper party defendant or if any affected subsurface property is omitted from the declaration of taking filed pursuant to § 1-16H-31.2, the authority may file amendments to include the person or subsurface property. Any amendment from the time of filing has the same force and effect as if it were included in the original proceedings. The misnaming or omission of any defendant's name does not defer the effect of the declaration of taking.

Source: SL 2005, ch 12, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.8. Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.

If the authority elects to utilize the procedures set forth in §§ 1-16H-31.2 to 1-16H-31.7, inclusive, for possession of subsurface property, the authority shall deposit with the court the money required by § 21-35-11 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money deposited and for the ascertainment and payment of just compensation.

Source: SL 2005, ch 12, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.9. Distribution of money on deposit with the court--Judgment against authority for deficiency.

Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to § 1-16H-31.8, or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the subsurface property interest taken, or any part thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the authority for the amount of the deficiency.

Source: SL 2005, ch 12, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-31.10. Application of other provisions to subsurface property rights taken by authority.

The provisions of chapters 45-4 and 45-5A do not apply to subsurface property rights taken by the authority pursuant to §§ 1-16H-31.1 to 1-16H-31.10, inclusive.

Source: SL 2005, ch 12, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-32. Intergovernmental agreements.

The authority may enter into intergovernmental agreements with any governmental agency.

Source: SL 2004, ch 15, § 32.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-33. Sharing of agency employees.

The authority may share employees with governmental agencies.

Source: SL 2004, ch 15, § 33.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-34. Inapplicability of § 5-2-19.

The provisions of § 5-2-19 do not apply to real or personal property given to the authority.

Source: SL 2004, ch 15, § 34.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-35. Transfer or exchange of property with other state agencies.

Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property to, or may exchange property under its control with, the authority if the transfer or exchange is approved in writing by the Governor as being advantageous to the state.

Source: SL 2004, ch 15, § 35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-36. Designation of depositories.

The authority shall designate a qualified public depository as defined in § 4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. If any of the funds of the authority are deposited by the treasurer in any such depository, the treasurer and the sureties on the treasurer's official bond are, to that extent, exempt from liability for the loss of any of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds consistent with the provisions of chapter 4-6A.

Source: SL 2004, ch 15, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-37. Tax exemption of authority.

Source: SL 2004, ch 15, § 37, eff. Feb. 11, 2004.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-38. Authority reports to Governor's Office of Economic Development.

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner. However, the authority shall report at least annually.

Source: SL 2004, ch 15, § 38, eff. Feb. 11, 2004; SL 2011, ch 1 (Ex. Ord. 11-1), § 87, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-39. Informational budget.

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2.

Source: SL 2004, ch 15, § 39.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-40. Transfer of functions and programs of Homestake Laboratory Conversion Project.

The functions and programs of the former Homestake Laboratory Conversion Project are transferred to the authority.

Source: SL 2004, ch 15, § 40.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-41. Homestake Mine donation.

The authority may accept the donation of the former Homestake Mine in Lead, South Dakota, or any part thereof.

Source: SL 2004, ch 15, § 41.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-42. Severability of provisions.

The sections, clauses, sentences, and parts of this chapter are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this chapter would otherwise be unconstitutional or ineffective. It is the intention of this chapter to confer upon the authority the whole or any part of the powers in this chapter provided for, and if any one or more sections, clauses, sentences, and parts of this chapter are for any reason questioned in any court of competent jurisdiction and are adjudged unconstitutional or invalid, the judgment does not affect, impair, or invalidate the remaining provisions thereof, but is confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence, or part of this chapter in any one or more instances does not affect or prejudice its applicability or validity in any other instance.

Source: SL 2004, ch 15, § 42.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-43. Immunity from liability for condition or use of certain donated property.

Any person who donates or otherwise conveys without cost any underground mine workings and related real or personal property, including fixtures or structures, to the Science and Technology Authority for public use or benefit is immune from any liability under state law which arises from its condition or use after donation of the mine workings and related property. This section applies only upon affirmative acceptance of the donation by the authority and approval of the donation acceptance by the Governor.

Source: SL 2004, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16H-44. Property tax exemption for certain leased property in Lawrence County.

If the authority leases land, improvements, equipment, fixtures, or other property interests in Lawrence County to an entity that:

(1) Is organized and operated on a not-for-profit basis;

(2) Is organized as a limited liability company;

(3) Has members of the limited liability company otherwise qualifying for exemption from real property taxation in the state where the entity's headquarters are located; and

(4) Is organized and operated for scientific research and related educational purposes;

the property and any possessory interest in the property is exempt from real property taxation.

Source: SL 2011, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16I SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY [REPEALED]

CHAPTER 1-16I

SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY [REPEALED]

1-16I-1 to 1-16I-39. Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16I-1

1-16I-1 to 1-16I-39. Repealed by SL 2015, ch 7, §§ 1, 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-16J SOUTH DAKOTA ELLSWORTH DEVELOPMENT AUTHORITY

CHAPTER 1-16J

SOUTH DAKOTA ELLSWORTH DEVELOPMENT AUTHORITY

1-16J-1      South Dakota Ellsworth Development Authority created.
1-16J-2      Membership--Initial terms--Officers--Removal.
1-16J-3      Authority reports to Governor's Office of Economic Development.
1-16J-4      Terms--Vacancies--Quorum.
1-16J-5      No compensation--Reimbursement of expenses.
1-16J-6      Employment of personnel.
1-16J-7      Powers of authority.
1-16J-8      Investments by authority.
1-16J-9      Issuance of revenue bonds, notes, or other evidences of indebtedness.
1-16J-10      Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority.
1-16J-11      Action to compel payment of principal or interest on bonds or premium.
1-16J-12      Negotiability of bonds, notes, and other instruments--Temporary instruments.
1-16J-13      Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.
1-16J-14      Pledge or assignment of and lien on or security interest in revenues, funds, or accounts.
1-16J-15      Pledge by state not to impair rights and remedies of holders of bonds and notes.
1-16J-16      State not liable for principal or interest on bonds, notes, or obligations of authority.
1-16J-17      Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.
1-16J-18      Exemption of documentary material and data from disclosure--Consideration by authority in executive session.
1-16J-19      Title to project.
1-16J-20      Inapplicability of § 5-2-19.
1-16J-21      Designation of depositories.
1-16J-22      Tax and securities exemptions of authority.
1-16J-23      Informational budget.
1-16J-24      Intergovernmental agreements.
1-16J-25      Sharing of agency employees .
1-16J-26      Powers not limited or created.
1-16J-27      Transfer of real estate in Rapid City.
1-16J-28      Property included in Rapid City real estate transfer.
1-16J-29      Real estate transfer subject to approval by Governor.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-1. South Dakota Ellsworth Development Authority created.

There is created the South Dakota Ellsworth Development Authority, a body corporate and politic, with such duties and powers as are set forth in this chapter to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exercising essential public functions.

Source: SL 2009, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-2. Membership--Initial terms--Officers--Removal.

The authority shall consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: three members shall serve three years, two members shall serve two years, and two members shall serve one year. Not all of the members may be of the same political party. One of the members shall be designated by the Governor as chair. The members shall elect from among their number such other officers as they may determine. The Governor may remove any member of the board for cause.

Source: SL 2009, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-3. Authority reports to Governor's Office of Economic Development.

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of the Governor's Office of Economic Development. However, the authority shall report to the Governor at least annually.

Source: SL 2009, ch 8, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 89, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-4. Terms--Vacancies--Quorum.

All appointments to the authority after the initial appointments shall be made for a four-year term. Each member's term of office shall expire on the applicable third Monday in January, but the member shall continue to hold office until a successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment for only the balance of the unexpired term. A majority of the members of the authority constitutes a quorum.

Source: SL 2009, ch 8, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-5. No compensation--Reimbursement of expenses.

No member of such authority may receive any compensation for services rendered under this chapter. However, members shall be reimbursed for necessary expenses incurred in connection with duties and powers prescribed by this chapter.

Source: SL 2009, ch 8, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-6. Employment of personnel.

The authority may employ agents and employees necessary to carry out the duties and purposes of the authority.

Source: SL 2009, ch 8, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-7. Powers of authority.

For the purpose of protecting and promoting the economic impact of Ellsworth Air Force Base and associated industry, and to promote the health and safety of those living or working near the base, the authority may:

(1) Have perpetual succession as a body politic and corporate exercising essential public functions;

(2) Sue and be sued in its own name;

(3) Have an official seal and alter the seal at will;

(4) Maintain an office at any place within the state as the authority may designate;

(5) Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

(6) Borrow money and accept gifts;

(7) Apply for and use gifts, grants, loans of money, or other property from the United States, the state, a unit of local government, or any person, for any purposes of the authority, and to enter into agreements required in connection with those purposes;

(8) Hold, use, and dispose of any gift, grant, loan, agreement, or property for any purposes of the authority in accordance with the terms of the gift, grant, loan, agreement, or property;

(9) Employ fiscal consultants, engineers, attorneys, management service providers, and other consultants and employees as may be required, and contract with agencies of the state to provide staff and support services;

(10) Procure insurance against any loss in connection with its property and other assets, including loans, bonds, and notes in amounts and from insurers as the authority deems advisable;

(11) Hold, control, and acquire by donation or purchase any private or public easements, dedications to public use, platted reservations for private or public purposes, or any reservations for those purposes authorized by this chapter, and make use of such easements, dedications, or reservations for any of the purposes authorized by this chapter;

(12) Lease to or from any person, firm, limited liability company, corporation, association, or body, public or private, any projects of the type that the authority may undertake and facilities or property of any nature for the use of the authority to carry out any of the purposes authorized by this chapter;

(13) Borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as authorized by this chapter;

(14) Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entity, including any department, agency, or instrumentality of the United States or the state, for payment of all or any portion of any bond issued by the authority, including the power to pay premiums, fees, or other charges on any insurance, letters of credit, guarantees, or credit arrangements;

(15) Receive and accept from any source financial aid or contributions of any grant, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grant or contribution is made, including a gift or grant from any department, agency, or instrumentality of the United States for any purpose consistent with this chapter;

(16) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(17) Make loans and grants to, and enter into financing agreements with, any governmental agency or any person for the costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of any facility, or for the maintenance of the physical or structural integrity of real or personal property incorporated or which may be incorporated into the facility, in accordance with a written agreement between the authority and the governmental agency or person. A loan or grant made under this section may not exceed the total cost of the facility as determined by the governmental agency or person, and approved by the authority;

(18) Cooperate with, and exchange services, personnel, and information with, any governmental agency or political subdivision;

(19) Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(20) Sell, exchange, lease, donate, and convey any of its properties in furtherance of the purposes for which the authority is organized;

(21) Purchase from a willing seller, construct, develop, maintain, hold, lease, license, operate, dispose of, or decommission real and personal property projects, facilities, or any undertaking necessary for establishing compatible land use around Ellsworth Air Force Base, or generally suitable for protecting or promoting the economic impact on the state of Ellsworth Air Force Base and related industries;

(22) Indemnify any person or governmental agency for reasonable risks as the authority deems advisable if the indemnification is a condition of a grant, gift, or donation to the authority. Any obligation to indemnify may only be paid from insurance or from revenues of the authority, and the obligation does not constitute a debt or obligation of this state;

(23) Acquire by eminent domain, in accordance with chapter 21-35, any private property that falls within the boundaries of Ellsworth Air Force Base, or property described in the 1994 United States Department of Defense approved Ellsworth Air Force Base Air Installation Compatible Use Zone Study as a clear zone or an accident potential zone one or two, or property located within the noise contours identified by the study, but only as necessary for the authority's purposes to establish a compatible land use as provided for in the study;

(24) Cooperate with, or contract with, other governmental agencies or political subdivisions as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter; and

(25) Construct, purchase, license, lease, or operate a bulk wastewater treatment facility and pipelines necessary to contract for bulk treatment of wastewater generated by Ellsworth Air Force Base, the city of Box Elder, or other authorized sewer utilities generating wastewater in the Box Elder Creek watershed. The authority may not provide wastewater treatment service to any property located within any municipality's subdivision jurisdiction as defined in §§ 11-6-26 and 9-4-14 without first obtaining the municipality's consent.

Source: SL 2009, ch 8, § 7; SL 2019, ch 203, § 49.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-8. Investments by authority.

The authority may invest in the following:

(2) Obligations issued by, or obligations, the principal of and interest on which, are fully guaranteed or insured by, any agency or instrumentality of the United States of America;

(3) Certificates of deposit or time deposits constituting direct obligations of any bank which is a qualified public depository or any savings and loan association which is a savings and loan depository under the Public Deposit Insurance Act pursuant to chapter 4-6A, unless sufficient volume of such certificates is not available at competitive interest rates. In that event, the authority may purchase non-collateralized direct obligations of any bank or savings institution or holding company if such institution or holding company is rated in one of the highest two quality categories by a nationally recognized rating agency;

(4) Obligations of any solvent insurance company or other corporation or business entity existing under the laws of the United States or any state thereof, if the obligation of the insurance company or other corporation or business entity is rated in one of the two highest classifications established by a standard rating service of insurance companies or a nationally recognized rating agency;

(5) Short term discount obligations of the Federal National Mortgage Association;

(6) Obligations issued by any state of the United States or any political subdivision, public instrumentality, or public authority of any state of the United States, which obligations are not callable before the date the principal of the obligation will be required to be paid and which obligations are fully secured as to both sufficiency and timely payment by, and payable solely from, securities described in subdivision (1) and which obligations are rated in the highest investment classification by at least two standard rating services of such obligations;

(7) An account with the State Investment Council.

Any securities may be purchased at the offering or market price of the security at the time of the purchase. Any security so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds will be required for expenditure or be redeemable is final and conclusive. Investment in any obligation enumerated in this section may be made either directly or in the form of securities of, or other interests in, an investment company registered under the Federal Investment Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and whose investments are limited to these obligations.

Source: SL 2009, ch 8, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-9. Issuance of revenue bonds, notes, or other evidences of indebtedness.

The authority may issue revenue bonds, notes, or other evidences of indebtedness to pay the cost incurred in connection with developing, constructing, acquiring, improving, maintaining, operating, and decommissioning projects. For the purpose of evidencing the obligations of the authority to repay any money borrowed, the authority may, pursuant to resolution, from time to time issue and dispose of its interest bearing revenue bonds, notes, or other instruments and may also from time to time issue and dispose of such bonds, notes, or other instruments to refund, at maturity, at a redemption date or in advance of either, any revenue bonds, notes, or other instruments pursuant to redemption provisions or at any time before maturity. Any such revenue bonds, notes, or other instruments shall be payable solely from the revenues or income to be derived with respect to such projects, from the leasing or sale of such projects, or from any other funds available to the authority for such purposes. The revenue bonds, notes, or other instruments may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may bear interest at such rate or rates, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be provided by an applicable resolution.

Source: SL 2009, ch 8, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-10. Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority.

Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other instruments, to compel such person or the authority or any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other instruments by the provision of the resolution authorizing their issuance and to enjoin such person or the authority or any of its agents or employees from taking any action in conflict with any such contract or covenant.

Source: SL 2009, ch 8, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-11. Action to compel payment of principal or interest on bonds or premium.

If the authority fails to pay the principal of, or interest on, any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the chair of the authority constitutes sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the authority and its officers named as defendants for the purpose of compelling such payment.

Source: SL 2009, ch 8, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-12. Negotiability of bonds, notes, and other instruments--Temporary instruments.

Notwithstanding the form and tenor of any such revenue bond, note, or other instrument and in the absence of any express recital on the face of any such revenue bond, note, or other instrument that it is nonnegotiable, any such revenue bond, note, and other instrument is a negotiable instrument. Pending the preparation and execution of any such revenue bond, note, or other instrument, a temporary revenue bond, note, or instrument may be issued as provided by resolution.

Source: SL 2009, ch 8, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-13. Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.

To secure the payment of any revenue bond, note, or other instrument, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and the issuance of any additional revenue bond, note, or other instrument payable from such revenue, income, or other fund to be derived from any facilities, the authority may execute and deliver a trust agreement. A remedy for any breach or default of the terms of any such trust agreement by the authority may be by mandamus proceedings in circuit court to compel the performance and compliance with the trust agreement, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

Source: SL 2009, ch 8, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-14. Pledge or assignment of and lien on or security interest in revenues, funds, or accounts.

Any revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security, a specific pledge or assignment of and lien on, or security interest in, any or all revenues or money of the authority from whatever source that may by law be used for debt service purposes and a specific pledge or assignment of, and lien on, or security interest in, any funds or accounts established or provided for by resolution of the authority authorizing the issuance of any such revenue bond, note, or other instrument. Any pledge made by the authority of revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project to pay any revenue bond, note, or other evidence of indebtedness of the authority is binding from the time the pledge is made. Revenues and other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority shall be held outside of the state treasury and in the custody of the authority or a trustee or a depository appointed by the authority. Revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority and thereafter received by the authority or such trustee or depository shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind of tort, contract, or otherwise against the authority or the State of South Dakota, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.

Source: SL 2009, ch 8, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-15. Pledge by state not to impair rights and remedies of holders of bonds and notes.

The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of any contract made by the authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds, notes, or other instruments, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The authority may include these pledges and agreements of the state in any contract with the holders of revenue bonds, notes, or other instruments issued pursuant to this section.

Source: SL 2009, ch 8, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-16. State not liable for principal or interest on bonds, notes, or obligations of authority.

Nothing in this chapter may be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all revenue bonds, notes, and other instruments and obligations issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state is not liable for the payment of the principal of, or interest on, any bonds, notes, instruments, or obligations issued by the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.

Source: SL 2009, ch 8, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-17. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

Source: SL 2009, ch 8, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-18. Exemption of documentary material and data from disclosure--Consideration by authority in executive session.

Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information, any discussion of personnel matters, and any discussion of strategy related to any contract negotiation, may be held by the authority in executive session.

Source: SL 2009, ch 8, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-19. Title to project.

The authority may acquire title to any project with respect to which it exercises its authority.

Source: SL 2009, ch 8, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-20. Inapplicability of § 5-2-19.

The provisions of § 5-2-19 do not apply to real or personal property given to the authority.

Source: SL 2009, ch 8, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-21. Designation of depositories.

Source: SL 2009, ch 8, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-22. Tax and securities exemptions of authority.

The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. However, nothing in this section exempts from taxation the value of any leasehold interests in the property of the authority that is held by any third party. The authority is exempt from the provisions of chapter 47-31B.

Source: SL 2009, ch 8, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-23. Informational budget.

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2.

Source: SL 2009, ch 8, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-24. Intergovernmental agreements.

The authority may enter into intergovernmental agreements with any governmental agency or political subdivision.

Source: SL 2009, ch 8, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-25. Sharing of agency employees.

The authority may share employees with governmental agencies.

Source: SL 2009, ch 8, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-26. Powers not limited or created.

Nothing in this chapter limits any power granted to any municipality or county government nor creates any police or taxing power in the authority.

Source: SL 2009, ch 8, § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-27. Transfer of real estate in Rapid City.

The Commissioner of School and Public Lands shall transfer to the Ellsworth Development Authority all or any portion of the following real estate and any related personal property and improvements located on the property:

Certain property described generally as Tract B in the Northeast Quarter of the Southeast Quarter and in the Southeast Quarter of the Southeast Quarter of Section 5, Township 1 North, Range 8 East of the Black Hills Meridian, City of Rapid City, Pennington County, South Dakota.

Source: SL 2018, ch 11, § 1, eff. Feb. 5, 2018.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-28. Property included in Rapid City real estate transfer.

Any real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in § 1-16J-27 but not specifically included in the legal description set out in § 1-16J-27 may be transferred as provided in §§ 1-16J-27 to 1-16J-29, inclusive, as though the property and improvements were specifically described in § 1-16J-27.

Source: SL 2018, ch 11, § 2, eff. Feb. 5, 2018.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-16J-29. Real estate transfer subject to approval by Governor.

Any transfer pursuant to §§ 1-16J-27 and 1-16J-28 is subject to approval by the Governor and subject to all applicable constitutional reservations.

Source: SL 2018, ch 11, § 3, eff. Feb. 5, 2018.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-17 ADVISORY PUBLIC LANDS COMMITTEE [REPEALED]

CHAPTER 1-17

ADVISORY PUBLIC LANDS COMMITTEE [REPEALED]

[Repealed by SL 1976, ch 20, § 14]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

1-18-9 1-18-9. Obsolete.

1-18-10 Society--Meetings.

1-18-11 Society--Meetings--Quorum.

1-18-12 1-18-12. Obsolete.

1-18-12.1 Executive committee of society abolished.

1-18-12.2 State Historical Society Board of Trustees created--Transfers.

1-18-13 1-18-13. Obsolete.

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 1-18-14. Obsolete.

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-1

1-18-1. Repealed by SL 1974, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-1.1

1-18-1.1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 90, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-2.1

1-18-2.1. Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 22, eff. Apr. 20, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18-4. Repealed.

Source: SDC 1939, § 29.0104; SL 1969, ch 124, § 1; SL 2009, ch 1, § 29; SL 2021, ch 7, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-6

1-18-6. Repealed by SL 2015, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-9

1-18-9. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-12

1-18-12. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-13

1-18-13. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18-13.4. Repealed.

Source: SL 1985, ch 400, § 29; SL 2021, ch 7, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-14

1-18-14. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18-16. Repealed.

Source: SDC 1939, § 29.0111; SL 2021, ch 7, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-21

1-18-21. Repealed by SL 1989, ch 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-23

1-18-23. Repealed by SL 2015, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-24

1-18-24. Repealed by SL 1995, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18-28. Repealed.

Source: SDC 1939, § 29.0118; SL 1974, ch 10, § 13; SL 2009, ch 1, § 34; SL 2021, ch 7, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18-29. Repealed.

Source: SDC 1939, § 29.0110; SL 2021, ch 7, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-32

1-18-32. Repealed by SL 1982, ch 16, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-33

1-18-33. Repealed by SL 1974, ch 10, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18-34

1-18-34 to 1-18-37. Repealed by SL 1974, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18A BICENTENNIAL COMMISSION [REPEALED]

CHAPTER 1-18A

BICENTENNIAL COMMISSION [REPEALED]

[Repealed by SL 1976, ch 20, § 12]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18B-14. Historical Records Board abolished.

The Historical Records Board established pursuant to chapter 1-18B is hereby abolished.

Source: SL 1985, ch 400, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-18C

STATE ARCHIVES

1-18C-1 Definition of terms.

1-18C-2 The state archives established.

1-18C-3 State archivist--Appointment and compensation.

1-18C-4 Duty of archivist--Policies and procedures.

1-18C-5 Archivist--Official custodian--Duties.

1-18C-5.1 Promulgation of rules for printing permanent public records on permanent paper.

1-18C-6 Employment of additional personnel.

1-18C-7 Acquisition of records submitted to records destruction board.

1-18C-8 Archivist--Receipts for acquisitions--Copies.

1-18C-9 Safeguarding of restricted records.

1-18C-10 Availability of archival resources to public and state agencies--Protection and preservation.

1-18C-11 Publications authorized--Price.

1-18C-12 Promulgation of rules.

1-18C-13 1-18C-13. Repealed by SL 1982, ch 16, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-1. Definition of terms.

Terms as used in this chapter mean:

(1) "Agency head," the chief or principal official or representative in any such agency, or the presiding judge of any state court, by whatever title known;

(2) "Agency records," any book, document, paper, photograph, microfilm, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law, charter, ordinance, or other authority, in connection with the transaction of official business and which is normally maintained within the custody or control of a state agency;

(3) "Archival resources," those noncurrent state records which are no longer essential to the functioning of the agency of origin and which the state archivist determines to have permanent value for research, reference, or other usage appropriate to document the organization, function, policies, and transactions of state government;

(4) "State agency," any department, division, office, commission, court, board, or any other unit or body, however designated, of the state government. The provisions of this chapter do not extend to agencies of county and municipal government unless the records of county or municipal agencies are in danger of deterioration, destruction, or loss and unless the state archivist is willing and able to receive county or municipal records.

Source: SL 1975, ch 24, § 1; SL 2009, ch 1, § 41.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-2. The state archives established.

There is established in the South Dakota State Historical Society the state archives. The state archives constitutes one program within the South Dakota State Historical Society in the Department of Education.

Source: SL 1975, ch 24, §§ 2, 3; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003 ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 42; SL 2011, ch 1 (Ex. Ord. 11-1), § 69, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-3. State archivist--Appointment and compensation.

The state archives shall be administered by a state archivist who shall be appointed by the secretary of the Department of Education, subject to the Governor's approval, and shall serve at the pleasure of the secretary. Compensation for the state archivist shall be determined according to guidelines established by the Bureau of Human Resources and Administration and within the limits of available appropriations.

Source: SL 1975, ch 24, § 3; SL 1979, ch 353, § 13; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 89; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-4. Duty of archivist--Policies and procedures.

The state archivist shall administer the state archives and in so doing shall formulate policies, establish organizational and operational procedures, and exercise general supervision pursuant to the objectives and purposes of the state archives.

Source: SL 1975, ch 24, § 4; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 43.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-5. Archivist--Official custodian--Duties.

The archivist is the official custodian of the archival resources of the state and shall assemble, preserve, and service the permanently valuable records of the state. The archivist shall receive all records transferred to the archives for permanent retention and negotiate for the transfer of any records in the custody of a state agency. Subject to appropriate restrictions, the archivist shall make any records in custody available to serve the administrative and informational needs of state government and the people of the State of South Dakota.

Source: SL 1975, ch 24, § 5; SL 2009, ch 1, § 44; SL 2021, ch 7, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-5.1. Promulgation of rules for printing permanent public records on permanent paper.

The State Historical Society Board of Trustees shall, pursuant to chapter 1-26, promulgate rules to require any state agency publishing a document meant to be a permanent public record to print the document on a permanent type of paper and to specify the type of permanent paper to be used for each document. The state agency shall note the use of such paper in each document.

Source: SL 1991, ch 52, § 2; SL 1993, ch 15; SL 2011, ch 2, § 106.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-6. Employment of additional personnel.

Within limits of available appropriations and according to guidelines established by the Bureau of Human Resources and Administration, the secretary of education may hire additional trained personnel in order to more efficiently index, catalog, and otherwise make accessible to state agencies and the public the permanently valuable records in the custody of the state archives.

Source: SL 1975, ch 24, § 11; SL 1979, ch 353, § 14; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 90; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-7. Acquisition of records submitted to records destruction board.

The archivist may acquire, in total or in part, any records, regardless of physical characteristics, which have been submitted to the records destruction board for final disposition if such material is determined to be of informational or historical significance by the archivist.

Source: SL 1975, ch 24, § 6; SL 2009, ch 1, § 46.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-8. Archivist--Receipts for acquisitions--Copies.

The archivist shall prepare receipts for any archival resources acquired under the provisions of this chapter, and shall deliver one copy to the agency head from which the records were obtained and retain one or more copies for use in the state archives.

Source: SL 1975, ch 24, § 9; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 47; SL 2021, ch 7, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-9. Safeguarding of restricted records.

The archivist shall take all precautions necessary to ensure that records placed in the archivist's custody, the use of which is restricted by law or for reasons of security and the public interest, are inspected, surveyed, or otherwise used only in accordance with law and the rules imposed by the archivist in consultation with the agency of origin.

Source: SL 1975, ch 24, § 8; SL 2009, ch 1, § 48.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-10. Availability of archival resources to public and state agencies--Protection and preservation.

The archivist shall make archival resources under the archivist's supervision available to state agencies and to the public at reasonable times, subject to appropriate restrictions. The archivist shall carefully protect and preserve such materials from deterioration, destruction, or loss through application of appropriate techniques for preserving archival and library materials.

Source: SL 1975, ch 24, § 11; SL 2009, ch 1, § 49.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-11. Publications authorized--Price.

The archivist may publish archival material, reports, bulletins, and other publications which will further the objectives of the Office of State Archivist and the state archives. The archivist shall, consistent with existing laws, establish the price at which publications may be sold or delivered.

Source: SL 1975, ch 24, § 12; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 50.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-18C-12. Promulgation of rules.

The State Historical Society Board of Trustees shall promulgate rules, pursuant to chapter 1-26, to establish procedures for review, disposition, and storage of historical governmental documents having permanent value.

Source: SL 1975, ch 24, § 13; SL 1985, ch 8, § 2; SL 2009, ch 1, § 51.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18C-13

1-18C-13. Repealed by SL 1982, ch 16, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18D OMNIBUS CENTENNIAL COMMISSION [EXECUTED]

CHAPTER 1-18D

OMNIBUS CENTENNIAL COMMISSION [EXECUTED]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18E SALE OF SYMBOLIC DEEDS TO PROMOTE STATE CENTENNIAL [REPEALED]

CHAPTER 1-18E

SALE OF SYMBOLIC DEEDS TO PROMOTE STATE CENTENNIAL [REPEALED]

1-18E-1 to 1-18E-12. Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-18E-1

1-18E-1 to 1-18E-12. Repealed by SL 1996, ch 4, §§ 7 to 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19 HISTORIC SITES AND MONUMENTS

CHAPTER 1-19

HISTORIC SITES AND MONUMENTS

1-19-1      Acceptance of Verendrye plate site.
1-19-2      Repealed.
1-19-2.1      Verendrye Memorial Commission abolished--Performance of functions.
1-19-2.2      Maintenance and improvement of Verendrye plate site.
1-19-3, 1-19-4. Repealed.
1-19-5      Old Fort Pierre Chouteau site.
1-19-6      Acceptance of Oahe Chapel.
1-19-7      Acceptance of Savo monument site.
1-19-8      Board to hold sites and monuments for people of state.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-1. Acceptance of Verendrye plate site.

The State of South Dakota acting by and through its Legislature hereby accepts the grant and gift to the State of South Dakota of lots twenty and twenty-one, block twenty-six, city of Fort Pierre, which is the site where the Verendrye plate was found and which site the city of Fort Pierre has tendered as a gift to the state.

Such site is accepted for the benefit and use of the South Dakota State Historical Society in trust for the people of the state.

Source: SDC 1939, § 29.0501; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19-2

1-19-2. Repealed by SL 1974, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-2.1. Verendrye Memorial Commission abolished--Performance of functions.

The Verendrye Memorial Commission is abolished, and all its functions shall be administered by the South Dakota State Historical Society of the Department of Education.

Source: SL 1973, ch 2, § 254 (b); SL 2003, ch 272 (Ex. Ord. 03-1), § 80; 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, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-2.2. Maintenance and improvement of Verendrye plate site.

The State Historical Society Board of Trustees is responsible for maintaining and improving the memorial established pursuant to this chapter to commemorate the visit of the Verendrye brothers to central South Dakota and the planting of the Verendrye plate at Fort Pierre in March 1743.

Source: SL 1974, ch 9, § 14; SL 2009, ch 1, § 52.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19-3

1-19-3, 1-19-4. Repealed by SL 1974, ch 9, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-5. Old Fort Pierre Chouteau site.

The Old Fort Pierre Chouteau Trading Post site in Stanley County, South Dakota, heretofore accepted by the State of South Dakota, and the monument thereon, embracing and marking the limits of the site of Old Fort Pierre Chouteau Fur Trading Post, shall be held under supervision of the South Dakota State Historical Society for the benefit and use of the people of the state.

Source: SDC 1939, § 29.0502; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-6. Acceptance of Oahe Chapel.

The State of South Dakota acting by and through its Legislature hereby accepts as a gift from the family of T. L. Riggs the Oahe Chapel, an historic building displaced in the construction of the Oahe Reservoir and placed without cost to the State of South Dakota on a site selected by the United States engineers close to the access road and observation point at the east end of the Oahe Dam and which site will be leased to the State of South Dakota and its State Historical Society for fifty years. This property so described and so situated is hereby accepted for the use of the South Dakota State Historical Society.

Source: SL 1957, ch 307; SDC Supp 1960, § 29.0503; SL 1965, ch 145; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-7. Acceptance of Savo monument site.

The South Dakota State Historical Society, as trustee for the state, may accept title to an acre or smaller quantity of land on which the Savo monument stands in the northwest corner of section twenty-seven, township one hundred twenty-eight, range sixty-three, in Savo township, Brown County, South Dakota and assume custody of such tract and monument.

Source: SL 1959, ch 168; SDC Supp 1960, § 29.0504; SL 2009, ch 1, § 53; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19-8. Board to hold sites and monuments for people of state.

The South Dakota State Historical Society shall supervise the sites and monuments described in this chapter, which are accepted for the use of the South Dakota State Historical Society or held under the supervision of, or in trust by, the South Dakota State Historical Society for the benefit and use of the people of the state and any other sites and monuments as the South Dakota State Historical Society may determine.

Source: SL 1974, ch 10, § 16; SL 2009, ch 1, § 54.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-19A

PRESERVATION OF HISTORIC SITES

1-19A-1 Legislative findings and declaration.

1-19A-2 Definition of terms.

1-19A-3 Statewide survey of historic properties.

1-19A-4 Entry on private property for survey--Consent required.

1-19A-5 State register of historic places--Standards for listing.

1-19A-6 Participation in conferences and programs.

1-19A-7 Cooperation with other governmental agencies.

1-19A-8 Qualification for federal aid.

1-19A-9 Repealed

1-19A-10 Preparation of preservation plan--Review and revision.

1-19A-11 Promulgation of rules regarding properties.

1-19A-11.1 Preservation of historic property--Procedures.

1-19A-12 Coordination of activities of local commissions.

1-19A-13 Assistance to local commissions and private parties.

1-19A-13.1 Historical preservation loan and grant fund established--Purpose--Sources of funds.

1-19A-13.2 National register eligibility required.

1-19A-13.3 Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.

1-19A-13.4 Funds to be used for restoration of historic properties.

1-19A-13.5 Promulgation of rules regarding historical preservation loans and grants.

1-19A-14 Information provided on historic properties.

1-19A-15 Stimulation of public interest in historic preservation.

1-19A-16 On-going programs--Programs of school of mines and technology not affected--Charge for publications.

1-19A-17 Improvement and operation of historic properties--Legislative consent required for acquisition.

1-19A-18 1-19A-18. Obsolete.

1-19A-18.1 State Review Board abolished.

1-19A-19 Powers and duties of board.

1-19A-20 Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.

1-19A-21 Covenant to maintain property required to benefit from chapter.

1-19A-22 Cancellation of tax moratorium.

1-19A-23 Ratification of previous moratoriums.

1-19A-24 Moratoriums for certain property prohibited.

1-19A-25 Repealed

1-19A-26 Repealed

1-19A-27 Repealed

1-19A-28 Repealed

1-19A-29 Promulgation of rules to administer chapter.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-1. Legislative findings and declaration.

The South Dakota Legislature finds and declares that it is in the best interest of the state and its citizens to provide for the preservation of its historical, architectural, archaeological, paleontological, and cultural sites by protecting, restoring, and rehabilitating sites, buildings, structures, and antiquities of the state which are of historical significance.

Source: SL 1973, ch 14, § 1; SL 1980, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-2. Definition of terms.

Terms used in this chapter mean:

(1) "Board," the State Historical Society Board of Trustees established by § 1-18-12.2;

(2) "Historic preservation," the research, protection, restoration, and rehabilitation of districts, sites, buildings, structures, and objects significant in the history, architecture, archaeology, paleontology, or culture of the state;

(3) "Historic property," any building, structure, object, district, area, or site that is significant in the history, architecture, archaeology, paleontology, or culture of the state, its communities or the nation;

(4) "Rehabilitation," returning property to a state of utility, through expansion, addition, repair, or alteration, which makes possible an efficient contemporary use while retaining those portions of the property, which qualify such property for placement on the state register of historic places;

(5) "Restoration," the repair or replacement of historically significant features which qualify a structure or object for recognition by the state register of historic places.

Source: SL 1973, ch 14, § 2; SL 1973, ch 2, § 254 (a); SL 1978, ch 11, § 1; SL 1980, ch 12, § 2; SL 1987, ch 19, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 25, eff. Apr. 20, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-3. Statewide survey of historic properties.

The South Dakota State Historical Society shall undertake a statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities, and its political subdivisions.

Source: SL 1973, ch 14, § 5 (1); SL 2009, ch 1, § 55; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-4. Entry on private property for survey--Consent required.

The South Dakota State Historical Society is authorized to enter, solely in the performance of its official duties and only at reasonable times upon notice, upon private property for the examination or survey thereof. However, no member, employee, or agent of the office may enter any building or structure without the express consent of the owner or occupant thereof.

Source: SL 1973, ch 14, § 7; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-5. State register of historic places--Standards for listing.

The South Dakota State Historical Society shall prepare and maintain a state register of historic places, including all those listed on the national register of historic places. Pursuant to chapter 1-26, the State Historical Society Board of Trustees shall adopt standards for the listing of a historic property on the state register based on the standards of the national register and shall further adopt standards for the continued listing of a property on the state register, consistent with the relevant federal standards of preservation and care.

Source: SL 1973, ch 14, § 5 (2); SL 1992, ch 6, § 4; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-6. Participation in conferences and programs.

The South Dakota State Historical Society shall participate in international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.

Source: SL 1973, ch 14, § 5 (8); SL 2009, ch 1, § 56; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-7. Cooperation with other governmental agencies.

The South Dakota State Historical Society shall cooperate with federal, state, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land use planning.

Source: SL 1973, ch 14, § 5 (7); SL 2009, ch 1, § 57; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-8. Qualification for federal aid.

The South Dakota State Historical Society shall undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.

Source: SL 1973, ch 14, § 5 (5); SL 2009, ch 1, § 58; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-9. Repealed.

Source: SL 1973, ch 14, § 8; SL 1980, ch 12, § 10; SL 2009, ch 1, § 59; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 31.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-10. Preparation of preservation plan--Review and revision.

The South Dakota State Historical Society shall prepare the state's preservation plan and review that plan annually and revise it accordingly.

Source: SL 1973, ch 14, § 5 (3); SL 2009, ch 1, § 60; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-11. Promulgation of rules regarding properties.

The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the South Dakota State Historical Society.

Source: SL 1973, ch 14, § 5 (4); SL 1985, ch 8, § 3; SL 2009, ch 1, § 61; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-11.1. Preservation of historic property--Procedures.

The state or any political subdivision of the state, or any instrumentality thereof, may not undertake any project which will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places until the South Dakota State Historical Society has been given notice and an opportunity to investigate and comment on the proposed project. The office may solicit the advice and recommendations of the board with respect to such project and may direct that a public hearing be held thereon. If the office determines that the proposed project will encroach upon, damage or destroy any historic property which is included in the national register of historic places or the state register of historic places or the environs of such property, the project may not proceed until:

(1) The Governor, in the case of a project of the state or an instrumentality thereof or the governing body of the political subdivision has made a written determination, based upon the consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property, resulting from such use; and

(2) Ten day's notice of the determination has been given, by certified mail, to the South Dakota State Historical Society. A complete record of factors considered shall be included with such notice.

Any person aggrieved by the determination of the Governor or governing body may appeal the decision pursuant to the provisions of chapter 1-26.

The failure of the office to initiate an investigation of any proposed project within thirty days from the date of receipt of notice thereof is approval of the project.

Any project subject to a federal historic preservation review need not be reviewed pursuant to this section.

Source: SL 1987, ch 20; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-12. Coordination of activities of local commissions.

The South Dakota State Historical Society shall coordinate the activities of local historical commissions in accordance with the state plan and programs for historic preservation.

Source: SL 1973, ch 14, § 5 (9); SL 2009, ch 1, § 62; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13. Assistance to local commissions and private parties.

The South Dakota State Historical Society shall provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.

Source: SL 1973, ch 14, § 5 (10); SL 2009, ch 1, § 63; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13.1. Historical preservation loan and grant fund established--Purpose--Sources of funds.

There is established a historical preservation loan and grant fund in the South Dakota State Historical Society. The purpose of such fund is to make loans and grants to purchase, restore, or develop historic South Dakota properties for residential, commercial, or public purposes. The State Historical Society Board of Trustees, with the approval of the Governor, may accept into the loan fund any funds which may be obtained from repayment of loan principal, interest, gifts, grants, or contributions.

Source: SL 1977, ch 19, §§ 1, 4; SL 1994, ch 332, § 2; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13.2. National register eligibility required.

Structures which may be considered for loans or grants under §§ 1-19A-13.1 to 1-19A-13.5, inclusive, shall either be on or eligible for the national register of historic places according to the criteria established by the national register.

Source: SL 1977, ch 19, § 2; SL 1994, ch 332, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13.3. Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.

Loans and grants may be made from the loan and grant fund by the State Historical Society Board of Trustees to individuals, corporations, or historical organizations for up to ninety percent of the cost of purchase, restoration, and development of a structure. Loans shall be made at an annual interest rate of one-fourth the prime interest rate at the time the loan is made. The maximum amount of a loan for any one structure is twenty-five thousand dollars. Loans may not be extended beyond a three-year period, nor may they be renewed. Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use.

Source: SL 1977, ch 19, § 3; SL 1994, ch 332, § 4; SL 2002, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13.4. Funds to be used for restoration of historic properties.

The interest earned, gifts, contributions, and any appropriation for the purposes of §§ 1-19A-13.1 to 1-19A-13.5, inclusive, shall be used for the restoration of other historic properties specified in §§ 1-19A-13.1 and 1-19A-13.2.

Source: SL 1977, ch 19, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-13.5. Promulgation of rules regarding historical preservation loans and grants.

For the purpose of the administration of §§ 1-19A-13.1 to 1-19A-13.5, inclusive, the State Historical Society Board of Trustees may adopt rules pursuant to chapter 1-26.

Source: SL 1977, ch 19, § 5; SL 2009, ch 1, § 64.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-14. Information provided on historic properties.

The South Dakota State Historical Society shall provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, if appropriate, to private individuals and organizations.

Source: SL 1973, ch 14, § 5(6); SL 2009, ch 1, § 65; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-15. Stimulation of public interest in historic preservation.

The South Dakota State Historical Society shall stimulate public interest in historic preservation including the development and implementation of interpretive programs for historic properties listed on the state register of historic places and through the management of the state's historical marker program.

Source: SL 1973, ch 14, § 5 (11); SL 2009, ch 1, § 66; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-16. On-going programs--Programs of school of mines and technology not affected--Charge for publications.

The South Dakota State Historical Society shall develop an on-going program of historical, architectural, paleontological, and archaeological research and development to include continuing surveys, excavation, scientific recording, interpretation, and publication of the state's historical, architectural, archaeological, paleontological, and cultural resources. The provisions of this section do not apply to programs within the South Dakota School of Mines and Technology. A reasonable charge may be made for publications.

Source: SL 1973, ch 14, § 5 (12); SL 1980, ch 12, § 3; SL 2009, ch 1, § 67; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-17. Improvement and operation of historic properties--Legislative consent required for acquisition.

Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the South Dakota State Historical Society for any purpose within its powers and not inconsistent with the purpose of the continued preservation of the property. No historic property may be acquired, whether in fee or otherwise, except by act of the Legislature.

Source: SL 1973, ch 14, § 6; SL 2009, ch 1, § 68; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19A-18

1-19A-18. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-18.1. State Review Board abolished.

The State Review Board established pursuant to chapter 1-19A, is hereby abolished.

Source: SL 1985, ch 400 (Ex. Ord. 85-2), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-19. Powers and duties of board.

The State Historical Society Board of Trustees shall:

(1) Approve nominations to the state and national registers of historic places;

(2) Review the state survey of historic properties undertaken in accordance with the provisions of this chapter;

(3) Review the content of the state preservation plan developed in accordance with the provisions of this chapter;

(4) Approve the removal of properties from the state register;

(5) Recommend the removal of properties from the national register; and

(6) Otherwise act in an advisory capacity to the South Dakota State Historical Society.

Source: SL 1973, ch 14, § 4; SL 2009, ch 1, § 69; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-20. Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.

There is a moratorium on the taxation of increased valuation due to restoration or rehabilitation of real estate placed on the State Register of Historic Places in accordance with § 1-19A-5 and which has been assisted through federal restoration grant-in-aid assistance provided by Public Law 102-575 as amended to January 1, 1994, or which has been substantially restored or rehabilitated with the assistance of the historic preservation loan fund, or which has undergone privately funded restoration or rehabilitation which has been certified as meeting historic preservation standards by the State Historical Society Board of Trustees. The board shall use U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as of January 1, 1994, to approve or deny certifications. The moratorium shall begin in the year that approval of the completed work is granted and shall extend for a period of eight years.

Source: SL 1978, ch 11, § 2; SL 1980, ch 79; SL 1987, ch 19, § 2; SL 1994, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-21. Covenant to maintain property required to benefit from chapter.

No property so restored or rehabilitated may benefit from the provisions of this chapter unless the owner of such property attaches a restrictive covenant running with the land which states that the property shall be maintained in a manner which preserves the property's restored portions.

Source: SL 1978, ch 11, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-22. Cancellation of tax moratorium.

If the State Historical Society Board of Trustees determines that the owner of any property given a tax moratorium pursuant to § 1-19A-20 has failed to maintain such property, the board may, after a public hearing, cancel the tax moratorium on such property. If the board cancels a tax moratorium pursuant to this section, the board shall notify the director of equalization and the treasurer of the county where such property is located of such cancellation.

Source: SL 1992, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-23. Ratification of previous moratoriums.

All applications for tax moratoriums on properties properly placed on the State Register of Historic Places which were restored with federal restoration grant-in-aid assistance, or received assistance from the historic preservation loan fund, or have undergone privately funded restoration or rehabilitation, and were filed with and formally certified by the State Historical Society Board of Trustees prior to January 1, 1994, are hereby ratified as of the date of such filing. Nothing in this section shall affect any tax moratorium filed, reviewed, or granted prior to January 1, 1992.

Source: SL 1992, ch 6, § 5; SL 1994, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-24. Moratoriums for certain property prohibited.

The State Historical Society Board of Trustees may not grant a tax moratorium to any real estate which is not on the state or national register and which is moved from the location where such real estate was located when originally constructed.

Source: SL 1992, ch 6, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-25. Repealed.

Source: SL 1994, ch 17, § 1; SL 2021, ch 7, § 32.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-26. Repealed.

Source: SL 1994, ch 17, § 2; SL 2021, ch 7, § 33.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-27. Repealed.

Source: SL 1994, ch 17, § 3; SL 2021, ch 7, § 34.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-28. Repealed.

Source: SL 1994, ch 17, § 5; SL 2021, ch 7, § 35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19A-29. Promulgation of rules to administer chapter.

For the purpose of the administration of this chapter the State Historical Society Board of Trustees shall adopt rules pursuant to chapter 1-26 in the following areas:

(1) Definitions;

(2) Standards for historic preservation, restoration, and rehabilitation projects;

(3) Project application procedures;

(4) Requests for project information;

(5) Project approval and nonapproval;

(6) Terms of project certification;

(7) County notification of certification;

(8) Terms of restrictive covenants;

(9) Filing of restrictive covenants;

(10) Violation of covenants; and

(11) Cancellation of certification.

Source: SL 1994, ch 16, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19B COUNTY AND MUNICIPAL HISTORIC PRESERVATION ACTIVITIES

CHAPTER 1-19B

COUNTY AND MUNICIPAL HISTORIC PRESERVATION ACTIVITIES

1-19B-1      Legislative findings--Purpose of chapter.
1-19B-1.1      Definition of terms.
1-19B-2      County and municipal historic preservation commissions--Purpose.
1-19B-3      Members of preservation commission--Terms of office--Residence.
1-19B-4      Employment of personnel.
1-19B-5      Annual special purpose tax levy--Approval by voters required.
1-19B-6      Revenue bonds authorized.
1-19B-7      Appropriations for operating expenses and acquisition and management of historic properties.
1-19B-8      Survey of local historic properties--Standards and criteria.
1-19B-9      Entry on private lands for survey--Consent required to enter building.
1-19B-10      Participation in local planning processes.
1-19B-11      Cooperation with governmental agencies.
1-19B-12      Contractual powers of preservation commission.
1-19B-13      Acquisition of historic properties.
1-19B-14      Title to property acquired--Supervision and control.
1-19B-15      Maintenance and operation of historic properties.
1-19B-16      Acquisition of historical easements.
1-19B-17      Lease or disposition of historic properties--Rights reserved.
1-19B-18      Educational and interpretive programs.
1-19B-19      Recommendations and information to governing body.
1-19B-20      Ordinances designating historic properties--Criteria--Procedure.
1-19B-21      Investigation and report before designation of historic property.
1-19B-22      Hearing on designation of historic property--Notice.
1-19B-23      Ordinance enforcing waiting period--Posting of sign.
1-19B-24      Notification to owners of historic property designated--Filing of ordinance.
1-19B-25      Notice to director of equalization of designation of historic property--Consideration in appraisal.
1-19B-26      Transfer by owners of development rights in historic properties.
1-19B-27      Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission.
1-19B-28      Negotiations during waiting period for acquisition of historic property.
1-19B-29      Waiver of waiting period when preservation of character of property ensured.
1-19B-30      Reduction of waiting period for extreme hardship.
1-19B-31      Ordinary maintenance and repairs not prohibited--Changes required for public safety.
1-19B-32      Establishment of district study committee authorized.
1-19B-33      Composition of district study committee--Residence of members.
1-19B-34      Investigations by district study committee--Criteria.
1-19B-35      Report of findings by district study committee.
1-19B-36      Hearing on establishment of historic district--Notice to property owners.
1-19B-37      Final recommendations by study committee--Draft ordinance.
1-19B-38      Establishment of historic district by ordinance--Commission required.
1-19B-39      Amendment of historic district ordinance--Studies and reports.
1-19B-40      Composition of district commission--Residence of members--Terms of office--Chair and vice chair.
1-19B-41      Promulgation of regulations--Personnel--Gifts.
1-19B-42      Certificate of appropriateness required for exterior alterations in historic district.

1-19B-43      Exterior features defined.
1-19B-44      Interior arrangement not subject to control--Restriction on commission activities.
1-19B-45      Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change.
1-19B-46      Certificate issued in case of extreme hardship.
1-19B-47      Notice and hearing before action on certificate of appropriateness.
1-19B-48      Issuance of certificate when proposed change appropriate.
1-19B-49      Denial of certificate--Reasons recorded--Notice to applicant.
1-19B-50      Appeal to circuit court by applicant for certificate.
1-19B-51      Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions.
1-19B-52      Ordinances to prevent deterioration by neglect--Misdemeanor.
1-19B-53      Governing body's power to protect historic properties.
1-19B-54      Exemption of historic properties from health and building codes.
1-19B-55      Public regulation or acquisition of historic properties unimpaired.
1-19B-56      Conservation easements--Definitions.
1-19B-57      Conservation easement creation, modification, transfer, and termination.
1-19B-58      Actions affecting conservation easements.
1-19B-59      Validity of conservation easements.
1-19B-60      Application to conservation easements.
1-19B-61      Rejected.
1-19B-62      Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-1. Legislative findings--Purpose of chapter.

Whereas the Legislature of the State of South Dakota has determined that the historical, architectural, archaeological, paleontological, and cultural heritage of this state is among its most important assets, it is hereby declared to be the purpose of this chapter to authorize the local governing bodies of this state to engage in a comprehensive program of historic preservation, to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state.

Source: SL 1974, ch 21, § 1; SL 1980, ch 12, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-1.1. Definition of terms.

Terms used in this chapter have the same meaning as defined in § 1-19A-2.

Source: SL 2011, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-2. County and municipal historic preservation commissions--Purpose.

The governing body of any county or municipality may establish an historic preservation commission, to preserve, promote, and develop the historical resources of such county or municipality in accordance with the provisions of this chapter.

Source: SL 1974, ch 21, § 2; SL 2009, ch 1, § 70.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-3. Members of preservation commission--Terms of office--Residence.

The Historic Preservation Commission shall consist of not less than five nor more than ten members, who shall be appointed by the governing body with due regard to proper representation of such fields as history, architecture, urban planning, archaeology, paleontology, and law. Each member of the commission shall serve for terms not to exceed three years, being eligible for reappointment as shall be specified by the governing body. Any residency requirement shall be as specified by the governing body.

Source: SL 1974, ch 21, § 2; SL 1980, ch 12, § 5; SL 2015, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-4. Employment of personnel.

The Historic Preservation Commission may employ such qualified staff personnel as it deems necessary.

Source: SL 1974, ch 21, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-5. Annual special purpose tax levy--Approval by voters required.

To achieve the purposes of this chapter, the governing body of any county or municipality may levy annual taxes therefor as a special purpose, in addition to any allowed by the Constitution of the State of South Dakota. No tax shall be levied for the purposes of this chapter unless it shall have been first approved by the qualified voters of the county or municipality.

Source: SL 1974, ch 21, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-6. Revenue bonds authorized.

To achieve the purposes of this chapter, the governing body of any county or municipality may issue revenue bonds in accordance with chapter 9-40.

Source: SL 1974, ch 21, § 23; SL 1984, ch 43, § 59.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-7. Appropriations for operating expenses and acquisition and management of historic properties.

The governing board of a county or municipality is authorized to make appropriations to an historic preservation commission established pursuant to this chapter in any amount that it may determine necessary for the expenses of the operation of the commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation, and management of historic properties.

Source: SL 1974, ch 21, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-8. Survey of local historic properties--Standards and criteria.

Any county or municipal historic preservation commission established pursuant to this chapter may conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the South Dakota State Historical Society of the Department of Education.

Source: SL 1974, ch 21, § 3 (1); SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 71; 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, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-9. Entry on private lands for survey--Consent required to enter building.

Any county or municipal historic preservation commission established pursuant to this chapter may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey. However, no member, employee, or agent of the commission may enter any private building or structure without the express consent of the owner or occupant.

Source: SL 1974, ch 21, § 3 (10); SL 2009, ch 1, § 72.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-10. Participation in local planning processes.

Any county or municipal historic preservation commission established pursuant to this chapter may participate in the conduct of land-use, urban renewal, and other planning processes undertaken by the county or municipality.

Source: SL 1974, ch 21, § 3 (7); SL 2009, ch 1, § 73.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-11. Cooperation with governmental agencies.

Any county or municipal historic preservation commission established pursuant to this chapter may cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.

Source: SL 1974, ch 21, § 3 (6); SL 2009, ch 1, § 74.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-12. Contractual powers of preservation commission.

Any county or municipal historic preservation commission established pursuant to this chapter may contract, with the approval of the local governing body, with the state or the federal government, or any agency of either, or with any other organization.

Source: SL 1974, ch 21, § 3 (5); SL 2009, ch 1, § 75.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-13. Acquisition of historic properties.

Any county or municipal historic preservation commission established pursuant to this chapter may acquire fee or lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.

Source: SL 1974, ch 21, § 3 (2); SL 2009, ch 1, § 76.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-14. Title to property acquired--Supervision and control.

All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a county or municipality shall be acquired in the name of the county or municipality unless otherwise provided by the governing board. So long as owned by the county or municipality, historic properties may be maintained by or under the supervision and control of the county or municipality. However, all lands, buildings, or structures acquired by an historic preservation commission from funds other than those appropriated by a county or municipality may be acquired and held in the name of the Historic Preservation Commission, the county or municipality, or both.

Source: SL 1974, ch 21, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-15. Maintenance and operation of historic properties.

Any county or municipal historic preservation commission established pursuant to this chapter may preserve, restore, maintain, and operate historic properties under the ownership or control of the commission.

Source: SL 1974, ch 21, § 3 (3); SL 2009, ch 1, § 77.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-16. Acquisition of historical easements.

Any county or municipality may acquire, by purchase, donation, or condemnation, historic easements in any area within its respective jurisdiction wherever and to the extent that the governing body of the county or municipality determines the acquisition to be in the public interest. For the purpose of this section, the term, historic easement, means any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain, or enhance all or part of the existing state of places of historical, architectural, archaeological, paleontological, or cultural significance.

Source: SL 1974, ch 21, § 14; SL 1980, ch 12, § 6; SL 2009, ch 1, § 78.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-17. Lease or disposition of historic properties--Rights reserved.

Any county or municipal historic preservation commission established pursuant to this chapter may lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.

Source: SL 1974, ch 21, § 3 (4); SL 2009, ch 1, § 79.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-18. Educational and interpretive programs.

Any county or municipal historic preservation commission established pursuant to this chapter may promote and conduct an educational and interpretive program on historic properties within its jurisdiction.

Source: SL 1974, ch 21, § 3 (9); SL 2009, ch 1, § 80.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-19. Recommendations and information to governing body.

Any county or municipal historic preservation commission established pursuant to this chapter may recommend ordinances and otherwise provide information for the purposes of historic preservation to the county or municipal governing body.

Source: SL 1974, ch 21, § 3 (8); SL 2009, ch 1, § 81.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-20. Ordinances designating historic properties--Criteria--Procedure.

The local governing body of any county or municipality may adopt an ordinance designating one or more historic properties on the following criteria: historical, architectural, archaeological, and cultural significance; suitability for preservation or restoration; educational value; cost of acquisition, restoration, maintenance, operation, or repair; possibilities for adaptive or alternative use of the property; appraised value; and the administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs. In order for any historic property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the state register of historic places established pursuant to chapter 1-19A. No ordinance designating an historic property pursuant to this section may be adopted until the procedural steps set forth in §§ 1-19B-21 to 1-19B-24, inclusive, have been taken.

Source: SL 1974, ch 21, §§ 15, 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-21. Investigation and report before designation of historic property.

Before an ordinance designating an historic property is adopted pursuant to § 1-19B-20, the local historic preservation commission shall make an investigation and report on the historical, architectural, archaeological, or cultural significance of the property in question.

Source: SL 1974, ch 21, § 16 (1).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-22. Hearing on designation of historic property--Notice.

Before an ordinance designating an historic property is adopted pursuant to § 1-19B-20, the local governing body shall hold a public hearing on the proposed ordinance, after giving sufficient written notice to the owners and occupants of the property and posting public notice in its normal manner.

Source: SL 1974, ch 21, § 16 (2).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-23. Ordinance enforcing waiting period--Posting of sign.

For each designated historic property, an ordinance adopted pursuant to §§ 1-19B-20 to 1-19B-24, inclusive, shall require that the waiting period set forth in § 1-19B-27 be observed prior to its demolition, material alteration, remodeling, or removal. The ordinance shall also provide for a suitable sign or marker on or near the property indicating that the property has been so designated.

Source: SL 1974, ch 21, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-24. Notification to owners of historic property designated--Filing of ordinance.

Upon adoption of an ordinance pursuant to § 1-19B-20, the owners and occupants of each designated historic property shall be given written notification of such designation by the local governing body. One copy of the ordinance shall be filed by the local historic preservation commission in the office of the register of deeds for the county in which the property is located.

Source: SL 1974, ch 21, § 16 (3).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-25. Notice to director of equalization of designation of historic property--Consideration in appraisal.

Upon the adoption of an ordinance designating an historic property pursuant to § 1-19B-20 or if the property is designated an historic property by the Department of Interior or the national park service, the local historic preservation commission shall give notice of such designation to the director of equalization of the county in which the property is located. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the director of equalization in appraising it for tax purposes.

Source: SL 1974, ch 21, § 16(4); SL 1987, ch 19, § 3; SL 1989, ch 82, § 41.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-26. Transfer by owners of development rights in historic properties.

Any county or municipal governing body may establish procedures authorizing owners of designated historic properties to transfer development rights in such amounts and subject to such conditions as the governing body may determine. For the purposes of this section, development rights are the rights granted under applicable local law respecting the permissible bulk and size of any improvements to be erected.

Source: SL 1974, ch 21, § 21; SL 2009, ch 1, § 82.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-27. Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission.

An historic property designated by ordinance as herein provided may be demolished, materially altered, remodeled, relocated, or put to a different use only after one hundred eighty days' written notice of the owner's proposed action has been given to the local historic preservation commission. During this period, the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property.

Source: SL 1974, ch 21, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-28. Negotiations during waiting period for acquisition of historic property.

During the waiting period required by § 1-19B-27, or at any time prior thereto following notice of designation to the owner as provided in § 1-19B-24 and where such action is reasonably necessary or appropriate for the continued preservation of the property, the Historic Preservation Commission may enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.

Source: SL 1974, ch 21, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-29. Waiver of waiting period when preservation of character of property ensured.

The Historic Preservation Commission may waive all or any portion of the waiting period required by § 1-19B-27. However, the alteration, remodeling, relocation, or change of use shall be undertaken subject to conditions agreed to by the commission ensuring the continued maintenance of the historical, architectural, archaeological, or cultural integrity and character of the property.

Source: SL 1974, ch 21, § 17; SL 2009, ch 1, § 83.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-30. Reduction of waiting period for extreme hardship.

The Historic Preservation Commission may reduce the waiting period required by § 1-19B-27 in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed.

Source: SL 1974, ch 21, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-31. Ordinary maintenance and repairs not prohibited--Changes required for public safety.

Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in or on an historic property that does not involve a change in design, material, or outer appearance, nor prevents the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature if a building inspector or similar official certifies to the Historic Preservation Commission that such action is required for the public safety because of an unsafe or dangerous condition.

Source: SL 1974, ch 21, § 18; SL 2009, ch 1, § 84.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-32. Establishment of district study committee authorized.

An historic district study committee may be established as provided by § 1-19B-33 for the purpose of making an investigation of a proposed historic district.

Source: SL 1974, ch 21, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-33. Composition of district study committee--Residence of members.

A committee established pursuant to § 1-19B-32 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district.

Source: SL 1974, ch 21, § 8; SL 1980, ch 12, § 7; SL 2009, ch 1, § 85.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-34. Investigations by district study committee--Criteria.

An historic district study committee, established pursuant to § 1-19B-32, shall make an investigation of the historical, architectural, archaeological, paleontological, and cultural significance of the buildings, structures, sites, or surroundings included as any proposed historic district. The committee's investigation and recommendations shall comply with the criteria adopted by the State Historical Society Board of Trustees pursuant to chapter 1-19A.

Source: SL 1974, ch 21, § 7 (1); SL 1980, ch 12, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-35. Report of findings by district study committee.

The historic district study committee shall report its findings to the local planning board, the local historic preservation commission, and the State Historical Society Board of Trustees for their consideration and recommendations.

Source: SL 1974, ch 21, § 7 (1).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-36. Hearing on establishment of historic district--Notice to property owners.

Sixty days after transmittal of its findings pursuant to § 1-19B-35 the historic district study committee shall hold a public hearing thereon after due notice, which shall include written notice, postage prepaid, to the owners of all properties to be included in any proposed historic district.

Source: SL 1974, ch 21, § 7 (2).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-37. Final recommendations by study committee--Draft ordinance.

An historic district study committee shall submit a final report with its recommendations and a draft of a proposed ordinance to the county or municipal governing body.

Source: SL 1974, ch 21, § 7 (3).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-38. Establishment of historic district by ordinance--Commission required.

A county or municipality may, after meeting the requirements of §§ 1-19B-34 to 1-19B-37, inclusive, establish by ordinance one or more historic districts within the area of its jurisdiction. Whenever an historic district is established, an historic district commission shall be established.

Source: SL 1974, ch 21, §§ 7, 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-39. Amendment of historic district ordinance--Studies and reports.

Any ordinance adopted pursuant to § 1-19B-38 may, from time to time, be amended in the same manner except that the historic district commission established as provided in § 1-19B-38 shall study such proposed amendments and report thereon as required under §§ 1-19B-34 to 1-19B-37, inclusive.

Source: SL 1974, ch 21, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-40. Composition of district commission--Residence of members--Terms of office--Chair and vice chair.

An historic district commission established pursuant to § 1-19B-38 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district. The appointments to membership on the commission shall be so arranged that the term of at least one member will expire each year, and any successor shall be appointed in like manner for a term of three years. The commission shall elect annually a chair and vice chair from its membership.

Source: SL 1974, ch 21, § 8; SL 1980, ch 12, § 9; SL 2009, ch 1, § 86.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-41. Promulgation of regulations--Personnel--Gifts.

An historic district commission established pursuant to § 1-19B-38 may adopt regulations not inconsistent with the provisions of this chapter, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept and expend gifts of money for such purposes.

Source: SL 1974, ch 21, § 8; SL 2009, ch 1, § 87.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-42. Certificate of appropriateness required for exterior alterations in historic district.

After the designation of an historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps, and pavement, or other appurtenant features) nor above-ground utility structure nor any type of outdoor advertising sign may be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic District Commission. The municipality shall require such a certificate to be issued by the commission prior to the issuance of a building permit or other permit granted for purposes of constructing or altering structures. A certificate of appropriateness is required whether or not a building permit is required.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 88.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-43. Exterior features defined.

For purposes of this chapter, the phrase, exterior features, includes the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures, and natural features such as trees and shrubbery. In the case of outdoor advertising signs, the term, exterior features, means the style, material, size, and location of all such signs.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 89.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-44. Interior arrangement not subject to control--Restriction on commission activities.

The Historic District Commission may not consider interior arrangement and may take no action under § 1-19B-42 except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or natural features in the historic district which would be incongruous with the historical, architectural, archaeological, or cultural aspects of the district.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 90.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-45. Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change.

No change in the use of any structure or property within a designated historic district is permitted until after an application for a certificate of appropriateness has been submitted to and approved by the Historic District Commission. The county or municipality shall require such a certificate to be issued by the commission prior to the approval of any change of zoning classification within the historic district.

Source: SL 1974, ch 21, § 10; SL 2009, ch 1, § 91.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-46. Certificate issued in case of extreme hardship.

The Historic District Commission may approve an application for a certificate of appropriateness in any case in which the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness were issued forthwith.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 92.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-47. Notice and hearing before action on certificate of appropriateness.

Prior to issuance or denial of a certificate of appropriateness the historic district commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. In cases in which the commission deems it necessary, it may hold a public hearing concerning the application.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 93.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-48. Issuance of certificate when proposed change appropriate.

If the Historic District Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.

Source: SL 1974, ch 21, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-49. Denial of certificate--Reasons recorded--Notice to applicant.

If the Historic District Commission determines that a certificate of appropriateness should not be issued, the commission shall place upon its records the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing the applicant an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of the commission.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 94.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-50. Appeal to circuit court by applicant for certificate.

Any applicant aggrieved by a determination of the Historic District Commission may appeal to the circuit court for the county in which the land concerned is situated.

Source: SL 1974, ch 21, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-51. Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions.

Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in an historic district which does not involve a change in design, material, color, or outer appearance thereof, nor prevents the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.

Source: SL 1974, ch 21, § 12; SL 2009, ch 1, § 95.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-52. Ordinances to prevent deterioration by neglect--Misdemeanor.

The governing body of any county or municipality may enact an ordinance to prevent the deterioration by intentional neglect of any designated historic property or any property within an established historic district. Any property owner violating an ordinance established pursuant to this section shall be guilty of a Class 2 misdemeanor. Each day that a violation continues to exist shall constitute a separate offense.

Source: SL 1974, ch 21, § 19; SL 1980, ch 24, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-53. Governing body's power to protect historic properties.

In addition to any power or authority of a county or municipality to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties. Such regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both.

Source: SL 1974, ch 21, § 13; SL 2009, ch 1, § 96.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-54. Exemption of historic properties from health and building codes.

The governing body of any county or municipality, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt an historic property from the application of such standards contained in the county or municipal health or building codes, or both, as the governing body, upon recommendation of the local historic preservation commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property.

Source: SL 1974, ch 21, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-55. Public regulation or acquisition of historic properties unimpaired.

Nothing in this chapter prevents the regulation or acquisition of historic buildings, structures, sites, areas, or objects owned by the state or any of its political subdivisions, agencies, or instrumentalities.

Source: SL 1974, ch 21, § 6; SL 2009, ch 1, § 97.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-56. Conservation easements--Definitions.

Terms used in §§ 1-19B-56 to 1-19B-60, inclusive, mean:

(1) "Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological or cultural aspects of real property;

(2) "Holder":

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

(b) A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological, or cultural aspects of real property;

(3) "Third-party right of enforcement," a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

Source: SL 1984, ch 280, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-57. Conservation easement creation, modification, transfer, and termination.

A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement shall be established by the parties to the easement. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and recording the acceptance. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

Source: SL 1984, ch 280, § 2; SL 2005, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-58. Actions affecting conservation easements.

An action affecting a conservation easement may be brought by:

(1) An owner of an interest in the real property burdened by the easement;

(2) A holder of the easement; or

(3) A person having a third-party right of enforcement.

Sections 1-19B-56 to 1-19B-60, inclusive, do not affect the power of a court to modify or terminate a conservation easement according to the principles of law and equity.

Source: SL 1984, ch 280, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-59. Validity of conservation easements.

A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract.

Source: SL 1984, ch 280, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-60. Application to conservation easements.

The provisions of §§ 1-19B-56 to 1-19B-60, inclusive, apply to any interest created after July 1, 1984, which complies with §§ 1-19B-56 to 1-19B-60, inclusive, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The provisions of §§ 1-19B-56 to 1-19B-60, inclusive, apply to any interest created before July 1, 1984, if it would have been enforceable had it been created after July 1, 1984, unless retroactive application contravenes the Constitution or laws of this state or the United States. The provisions of §§ 1-19B-56 to 1-19B-60, inclusive, do not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.

Source: SL 1984, ch 280, § 5; SL 2009, ch 1, § 98.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19B-61

1-19B-61. Rejected by special referendum election held September 14, 1993.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19B-62. Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property.

Any county or municipality may enact an ordinance requiring a county or municipal historic preservation commission to review any undertaking, whether publicly or privately funded, which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places. The ordinance may require the issuance of a permit before any undertaking which will encroach upon, damage, or destroy historic property may proceed. The decision to approve or deny a permit shall be based on the standards for historic preservation, restoration, and rehabilitation projects adopted by rules promulgated pursuant to § 1-19A-29. Properties owned by the State of South Dakota are exempt from local review.

Source: SL 1994, ch 16, § 4; SL 2011, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-19C

HISTORICAL NAMES

1-19C-1 Legislative findings regarding offensive geographic place names.

1-19C-1.1 1-19C-1.1, 1-19C-2. Repealed by SL 2014, ch 9, §§ 2, 3.

1-19C-2.1 South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules.

1-19C-2.2 Board may only act on name change if identified by law as offensive or insulting--Exception.

1-19C-2.3 Unnamed geographic place--Public meetings.

1-19C-3 1-19C-3. Repealed by SL 2014, ch 9, § 5.

1-19C-4 1-19C-4. Repealed by SL 2009, ch 2, § 6.

1-19C-5 Offensive place names revised by United States Board on Geographic Names.

1-19C-6 1-19C-6. Repealed by SL 2014, ch 9, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19C-1. Legislative findings regarding offensive geographic place names.

The Legislature finds that all geographic place names containing the term, squaw, are offensive and insulting to all South Dakota's people, history, and heritage. These place names have been replaced by names that reflect South Dakota's people, history, and heritage without resorting to harmful or offensive stereotypes, names, words, or phrases. All state and local government agencies shall make changes to maps and any other reference materials to reflect the changes provided in this chapter. The use of the term, squaw, in whole or in part, is prohibited as a name for any geographic feature within this state.

Source: SL 2001, ch 9, § 1; SL 2009, ch 2, § 2; SL 2014, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19C-1.1

1-19C-1.1, 1-19C-2. Repealed by SL 2014, ch 9, §§ 2, 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19C-2.1. South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules.

The South Dakota Board on Geographic Names is hereby created. The board consists of one representative each from the Department of Tribal Relations, the Department of Agriculture and Natural Resources, the Department of Transportation, the South Dakota State Historical Society, and the Department of Tourism. The board shall elect a chair and vice chair from among its membership and shall meet at least once each year to consider issues related to geographical place names and to make recommendations to the appropriate local, state, and federal agencies. The board shall investigate any proposed names, solicit public input, and make a recommendation to the United States Board on Geographic Names as to whether the board supports a new or replacement name. The board may establish procedures and standards to recommend, evaluate, and select geographic place names by rules promulgated pursuant to chapter 1-26. The rules shall be compatible with the standards of the United States Board on Geographic Names as contained in its manual, Principles, Policies and Procedures: Domestic Names, Reston, Virginia, 2016.

Source: SL 2009, ch 2, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 28, 29, 91, eff. Apr. 12, 2011; SL 2014, ch 9, § 4; SL 2020, ch 5, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. April 19, 2021; SL 2021, ch 7, § 4; SL 2021, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19C-2.2. Board may only act on name change if identified by law as offensive or insulting--Exception.

The South Dakota Board on Geographic Names may only act on a name change for a geographic place name that has been identified by state law as being offensive or insulting, except that the board may hold hearings to consider recommending names to the Legislature as offensive or insulting. The board may not act on any other proposed name change. If state law identifies such a name, the board shall follow the procedures under § 1-19C-2.1 to recommend a new or replacement name.

Source: SL 2016, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19C-2.3 . Unnamed geographic place--Public meetings.

Notwithstanding the provisions of § 1-19C-2.2 , if a geographic place has not previously been named and the naming of that unnamed geographic place is requested, the South Dakota Board of Geographic Names may conduct public meetings to consider and determine whether to recommend an original name for that geographic place to the United States Board on Geographic Names.

Source: SL 2020, ch 5, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19C-3

1-19C-3. Repealed by SL 2014, ch 9, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19C-4

1-19C-4. Repealed by SL 2009, ch 2, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-19C-5. Offensive place names revised by United States Board on Geographic Names.

The following offensive place names in South Dakota by county were revised by the United States Board on Geographic Names as of January 1, 2014:

County

Current place name

Place name changed to

Codington

Squaw Lake

Serenity Lake

Custer

Little Squaw Creek

Badger Clark Creek

Fall River

Squaw Flat

Hat Creek Flat

Gregory

Squaw Creek

Oscar Micheaux Creek

Squaw Creek Reservoir

Oscar Micheaux Reservoir

Haakon

Squaw Creek

Sarah Laribee Creek

Harding

Squaw Creek

Slim Buttes Creek

East Squaw Creek

Meat Hook Creek

Squaw Tree Spring

Prairie Woman Spring

West Squaw Creek

Double X Creek

Jones

Squaw Creek

Pitan Creek

Lawrence

Squaw Creek

Cleopatra Creek

East Branch of Squaw Creek

East Branch Cleopatra Creek

Marshall

Squaw Hill

Six Mile Hill

Meade

Squaw Butte

Vig Buttes

Squaw Creek

Deer Creek

Moody

Squaw Creek

Isanti Creek

Pennington

Squaw Creek

Cedar Breaks Creek

Oglala Lakota

Little Squaw Humper Creek

Tahc'a Okute Wakpa C'ikala

Little Squaw Humper Table

Tahc'a Okute Aglehan C'ikala

Squaw Humper Creek

Tahc'a Okute Wakpa

Squaw Humper Dam

Tahc'a Okute Mni Onaktake

Squaw Humper Table

Tahc'a Okute Aglehan

Ziebach

Squaw Teat Butte

Peaked Butte

Squaw Teat Creek

East Rattlesnake Creek

Source: SL 2009, ch 2, § 7; SL 2014, ch 9, § 6; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-19C-6

1-19C-6. Repealed by SL 2014, ch 9, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-20

ARCHAEOLOGICAL EXPLORATION

1-20-1 1-20-1 to 1-20-16. Repealed by SL 1974, ch 11, § 18.

1-20-17 Legislative findings--Purpose of chapter.

1-20-18 Definitions.

1-20-19 Employment and qualifications of state archaeologist.

1-20-20 Duties of state archaeologist--Employment of personnel.

1-20-21 Statewide survey of archaeological sites--Records.

1-20-21.1 Agreements involving archaeological survey or assessment work--Fee schedule.

1-20-21.2 Confidentiality of records pertaining to location of archaeological site--Exceptions.

1-20-22 Notice to board of projects endangering archaeological sites--Notice to contractors.

1-20-23 Investigation of endangered archaeological sites.

1-20-24 Initiation of action by board--Recovery of archaeological data--Contractor's cost.

1-20-25 Exclusive right--Investigation on public lands--Property of state.

1-20-26 Cooperation with state archaeologist by public agencies.

1-20-27 Reservation from sale of state archaeological sites--Release when examination complete.

1-20-28 Reservation by state of archaeological interest in land transferred.

1-20-29 Policy as to investigations on private land.

1-20-30 Designation of archaeological register sites--Consent required.

1-20-31 Notice of designation of archaeological site--Permit required for field investigation.

1-20-32 Issuance of exploration permits--Qualifications of permittees.

1-20-33 Exploration results--Report to state archaeologist.

1-20-34 Specimens collected--State property--Disposition.

1-20-35 Unauthorized investigation as misdemeanor--Forfeiture of materials found.

1-20-36 Trespass on private land--Misdemeanor.

1-20-37 Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-20-1

1-20-1 to 1-20-16. Repealed by SL 1974, ch 11, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-17. Legislative findings--Purpose of chapter.

The Legislature hereby declares that the public has an interest in preservation and protection of the state's archaeological resources; that the public has the right to the knowledge to be derived and gained from the scientific study of these resources; and that therefore it is the purpose of this chapter to provide that activities for the preservation, excavation, study, and exhibition of the state's archaeological resources be undertaken in a coordinated and organized manner for the general welfare of the public as a whole.

Source: SL 1974, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-18. Definitions.

Terms used in this chapter mean:

(1) "Complete collection," any site forms, updated site forms, artifacts, ecofacts, permits, contracts, correspondence, survey and excavation records, field notes, maps, lab analysis records, manuals for filed and lab procedures, photographic media, professional papers, shapefiles, and all documentation related to the project or undertaking;

(2) "Field investigations," the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing surface or subsurface objects, or going on a site with that intent;

(3) "Site," any aboriginal mound, fort, earthwork, village location, burial ground, historic or prehistoric ruin, mine, cave, or other location which is or may be the source of important archaeological data;

(4) "Specimens," all relics, artifacts, remains, objects, or any other evidence of an historical, prehistorical, archaeological, or anthropological nature, which may be found on or below the surface of the earth, and which have scientific or historical value as objects of antiquity, as aboriginal relics, or as archaeological samples.

Source: SL 1974, ch 11, § 2; SL 2009, ch 1, § 99; SL 2021, ch 7, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-19. Employment and qualifications of state archaeologist.

The secretary of education shall, subject to the Governor's approval, employ a state archaeologist, who shall serve at the pleasure of the secretary. The state archaeologist shall be a qualified anthropologist. The minimum professional qualifications for the position shall include a master's degree from an accredited institution of higher education and at least one year of field experience in archaeological salvage.

Source: SL 1973, ch 5, § 2; SDCL Supp, §§ 1-20-1.1, 1-20-1.2; SL 1974, ch 11, § 3; SL 1979, ch 353, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 7; 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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-20. Duties of state archaeologist--Employment of personnel.

The state archaeologist shall administer the preservation and protection of the state's archaeological resources pursuant to this chapter. The secretary of education may employ such qualified persons as may be needed to assist the state archaeologist in the performance of the duties prescribed by this chapter.

Source: SL 1974, ch 11, § 3; SL 1979, ch 353, § 14; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 8; SL 2009, ch 1, § 100; 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.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-21. Statewide survey of archaeological sites--Records.

The state archaeologist, on behalf of the State Historical Society Board of Trustees shall conduct, as part of that board's statewide survey of historic properties, a survey of archaeological sites located within the state and maintain records of such sites.

Source: SL 1947, ch 255, § 2; SDC Supp 1960, § 29.0702; SDCL § 1-20-3; SL 1974, ch 11, § 5; SL 2007, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-21.1. Agreements involving archaeological survey or assessment work--Fee schedule.

The state archaeologist may enter into agreements involving archaeological survey or assessment work with any state or federal department, agency, institution, or political subdivision or with a private contractor. The State Historical Society Board of Trustees may promulgate rules, pursuant to chapter 1-26, to establish a fee schedule for recovery of exploratory, laboratory, reporting, and administrative costs incurred by the state archaeologist in the performance of the duties prescribed by this chapter.

Source: SL 1981, ch 6; SL 2009, ch 1, § 101.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-21.2. Confidentiality of records pertaining to location of archaeological site--Exceptions.

Any records maintained pursuant to § 1-20-21 pertaining to the location of an archaeological site shall remain confidential to protect the integrity of the archaeological site. The state archaeologist may make the information from the records of an archeological site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct an activity that affects any such site. The state archaeologist shall also make the information from the records of an archeological site available to the owner of the land that is an archeological site and may make the information available to any qualified researcher or research entity.

Source: SL 2007, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-22. Notice to board of projects endangering archaeological sites--Notice to contractors.

When any state department, institution, or agency, or political subdivision of the state finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any state, state-assisted, state-licensed, or state-contracted project, activity, or program adversely affects or may adversely affect scientific, historical, or archaeological data, such agency shall notify the State Historical Society Board of Trustees and shall provide the board with appropriate information concerning the project, program, or activity. The provisions of this chapter shall be made known to contractors by the state agencies doing the contracting.

Source: SL 1974, ch 11, § 11; SL 2009, ch 1, § 102.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-23. Investigation of endangered archaeological sites.

The State Historical Society Board of Trustees, upon notification or determination that scientific, historical, or archaeological data including relics and specimens, is or may be adversely affected, shall, after reasonable notice to the responsible department, institution, or agency conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, which in its opinion should be recovered in the public interest.

Source: SL 1947, ch 255, § 3; SL 1949, ch 232; SDC Supp 1960, § 29.0703; SDCL, § 1-20-4; SL 1974, ch 11, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-24. Initiation of action by board--Recovery of archaeological data--Contractor's cost.

The State Historical Society Board of Trustees shall initiate actions within sixty days of notification under § 1-20-22 and within such time as agreed upon in other cases. The responsible agency shall expend agency funds for the purpose of recovering scientific, historical, or archaeological data, including analysis and publications, and such costs shall be included as part of the contractor's costs if the adverse effect is caused by work being done under contract to a state agency.

Source: SL 1974, ch 11, § 13; SL 2009, ch 1, § 103.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-25. Exclusive right--Investigation on public lands--Property of state.

The state reserves to itself the exclusive rights and privilege of field investigation on land owned or controlled by the state, its agencies, departments, institutions, or political subdivisions in order to protect and preserve archaeological and scientific information, matter, and objects. All such information and objects deriving from state lands shall remain the property of the state and be utilized for scientific or public educational purposes.

Source: SL 1947, ch 255, § 4; SDC Supp 1960, § 29.0704; SDCL, § 1-20-6; SL 1974, ch 11, § 4; SL 2021, ch 7, § 37.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-26. Cooperation with state archaeologist by public agencies.

All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the state archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites.

Source: SL 1974, ch 11, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-27. Reservation from sale of state archaeological sites--Release when examination complete.

Upon written notice to the commissioner of school and public lands given by the state archaeologist, the commissioner shall reserve from sale any state lands on which sites or artifacts are located or may be found, as designated by the state archaeologist. However, the reservation of such lands from sale may be confined to the actual location of the site or artifacts. When such sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the state archaeologist, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.

Source: SL 1974, ch 11, § 9; SL 2009, ch 1, § 104.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-28. Reservation by state of archaeological interest in land transferred.

When transferring real property under its jurisdiction that contains significant archaeological, aboriginal or other anthropological resources, the State of South Dakota, its agencies, departments, and institutions, may, upon the recommendation of the state archaeologist condition the transfer upon such covenants, deed restrictions, or other contractual arrangements as will limit the future use of the property in such a way as will protect these resources.

Source: SL 1947, ch 136, § 6; SDC Supp 1960, § 29.0806; SDCL, § 1-20-15; SL 1974, ch 11, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-29. Policy as to investigations on private land.

It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter; and persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist.

Source: SL 1974, ch 11, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-30. Designation of archaeological register sites--Consent required.

The State Historical Society Board of Trustees may publicly designate an archaeological site of significance to the scientific study of public representation of the state's historical, prehistorical, or aboriginal past as a state archaeological register site. However, no site may be designated as a state archaeological register site without the express written consent of the state agency having jurisdiction over the land in question or, if it is on privately owned land, of the landowner.

Source: SL 1974, ch 11, § 7; SL 2009, ch 1, § 105.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-31. Notice of designation of archaeological site--Permit required for field investigation.

Upon designation of an archaeological site, the owners and occupants of each designated state archaeological register site shall be given written notification of such designation by the state archaeologist. Once so designated, no person may conduct field investigation activities without first securing a permit from the State Historical Society Board of Trustees and complying with the provisions of §§ 1-20-32 to 1-20-34, inclusive.

Source: SL 1974, ch 11, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-32. Issuance of exploration permits--Qualifications of permittees.

The State Historical Society Board of Trustees may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity, subject to such rules as the State Historical Society Board of Trustees may prescribe, as long as such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies approved by the state archaeologist, with a view toward disseminating the knowledge gained through their activities.

Source: SL 1947, ch 136, § 1; SDC Supp 1960, § 29.0801; SDCL § 1-20-7; SL 1974, ch 11, § 6; SL 2009, ch 1, § 106.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-33. Exploration results--Report to state archaeologist.

When exploration or field investigations are undertaken pursuant to § 1-20-32, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review.

Source: SL 1974, ch 11, § 6; SL 2021, ch 7, § 38.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-34. Specimens collected--State property--Disposition.

When a permit is issued pursuant to § 1-20-32, the permittee shall prepare a technical report documenting such project or undertaking. The report shall be submitted to the state archaeologist for review and approval. The complete collection of the project is the permanent property of the state. The state archaeologist may make arrangements for the disposition of the complete collection in another federally-recognized repository, in or out of the state.

Source: SL 1947, ch 136, § 2; SDC Supp 1960, § 29.0802; SDCL § 1-20-10; SL 1974, ch 11, § 6; SL 2009, ch 1, § 107; SL 2021, ch 7, § 39.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-35. Unauthorized investigation as misdemeanor--Forfeiture of materials found.

No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. No person may appropriate, deface, destroy, or otherwise alter any archaeological site or specimen located upon state lands or within the boundaries of a designated state archaeological register site, except in the course of activities pursued under the authority of a permit granted by the State Historical Society Board of Trustees. A violation of this section is a Class 2 misdemeanor, and in addition, any person who violates this section shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.

Source: SL 1947, ch 136, § 7; SDC Supp 1960, § 29.9904; SDCL § 1-20-16; SL 1974, ch 11, § 15; SL 1980, ch 24, § 6; SL 2009, ch 1, § 108.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-36. Trespass on private land--Misdemeanor.

It is deemed an act of trespass for any person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner's permission being first obtained, in writing. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 11, § 17; SL 1980, ch 24, § 7; SL 2009, ch 1, § 109.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-20-37. Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.

No person may reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent the object to be an original and genuine archaeological, paleontological, ethnological, or historical specimen. No person may offer for sale or exchange any object that has previously been collected or excavated in violation of any of the terms of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 11, § 16; SL 1980, ch 24, § 8; SL 2009, ch 1, § 110.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-21

STATE FAIR AND SHOWS

1-21-1 State Fair Commission created--Appointment and terms.

1-21-1.1 1-21-1.1. Repealed by SL 2003, ch 16, § 2.

1-21-1.2 1-21-1.2. Repealed by SL 2017, ch 6, § 1, eff. Mar. 8, 2017.

1-21-2 Meetings of fair commission--Chair and vice chair.

1-21-3 1-21-3. Repealed by SL 1971, ch 23, § 2.

1-21-4 State fair manager--Appointment and duties--Membership in State Fair Commission.

1-21-4.1 1-21-4.1. Repealed by SL 1974, ch 12, § 5.

1-21-5 1-21-5. Repealed by SL 1997, ch 38, § 1.

1-21-6 Supervision and control by secretary of agriculture and natural resources.

1-21-6.1 State fair law enforcement officers.

1-21-7 1-21-7, 1-21-8. Repealed by SL 2003, ch 16, §§ 4, 5.

1-21-9 Annual state fair--Exhibits.

1-21-10 Promulgation of rules.

1-21-11 1-21-11, 1-21-12. Repealed by SL 2003, ch 16, §§ 7, 8.

1-21-13 1-21-13. Repealed by SL 2001, ch 10, § 2.

1-21-14 Receipt and disbursement of funds.

1-21-15 1-21-15, 1-21-16. Repealed by SL 2001, ch 10, §§ 4, 5.

1-21-17 Confidentiality of contract terms and negotiations.

1-21-18 1-21-18. Repealed by SL 2015, ch 204, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-1. State Fair Commission created--Appointment and terms.

There is created a State Fair Commission within the Department of Agriculture and Natural Resources. The commission shall act in an advisory capacity to the secretary of agriculture and natural resources. The commission may consist of up to thirteen members appointed by and serving at the pleasure of the Governor. Seven of the members may be appointed at large; an additional six members may be appointed from each of the following: 4-H Clubs of South Dakota, a resident of the city of Huron, a resident of Beadle County, a vendor, an exhibitor, and an employee of the South Dakota State University. Not all of the members may be of the same political party. The commission shall meet periodically at the call of the secretary and shall assist the Department of Agriculture and Natural Resources in planning, promoting, and presenting the state fair and such other duties as assigned by the secretary.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1974, ch 12, §§ 1, 2; SL 1980, ch 368, §§ 17, 18, 20; SL 2003, ch 16, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-1.1

1-21-1.1. Repealed by SL 2003, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-1.2

1-21-1.2. Repealed by SL 2017, ch 6, § 1, eff. Mar. 8, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-2. Meetings of fair commission--Chair and vice chair.

The State Fair Commission shall meet at least once a year in Huron, South Dakota. The commission may hold other meetings at places and at times requested by the secretary of agriculture and natural resources. At the first meeting of the year the commission shall elect from its own membership, a chair and vice chair.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256, § 1; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 2004, ch 18, § 2; SL 2017, ch 6, § 2, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-3

1-21-3. Repealed by SL 1971, ch 23, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-4. State fair manager--Appointment and duties--Membership in State Fair Commission.

The secretary of agriculture and natural resources shall appoint and may, at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture and natural resources. The state fair manager shall serve as an ex-officio member of the State Fair Commission.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 1977, ch 12; SL 2003, ch 16, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-4.1

1-21-4.1. Repealed by SL 1974, ch 12, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-5

1-21-5. Repealed by SL 1997, ch 38, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-6. Supervision and control by secretary of agriculture and natural resources.

The secretary of agriculture and natural resources has supervision and control of the state fairgrounds throughout the year.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1992, ch 8, § 1; SL 2004, ch 18, § 3; SL 2018, ch 13, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-6.1. State fair law enforcement officers.

The secretary of agriculture and natural resources may appoint as many law enforcement officers, as defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds. The secretary shall issue to each officer a certificate of authority. Each officer shall possess all the powers of a certified law enforcement officer with jurisdiction to make arrests within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing additional qualifications in excess of the certification requirements for a certified law officer.

Source: SL 2004, ch 18, § 1; SL 2017, ch 6, § 3, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-7

1-21-7, 1-21-8. Repealed by SL 2003, ch 16, §§ 4, 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-9. Annual state fair--Exhibits.

The secretary of agriculture and natural resources shall hold one state fair each year on the grounds provided by the state in the city of Huron.

The term, fair, as used in this chapter means a bona fide exhibit of livestock; mineral, agricultural, and horticultural products; machinery; mechanical; and fine arts.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 2004, ch 18, § 4; SL 2018, ch 13, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-10. Promulgation of rules.

The Department of Agriculture and Natural Resources may hold a state fair and other activities in the city of Huron at such times as it may determine. The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:

(1) Traffic and camping regulation;

(2) Advertising on the fairgrounds;

(3) Admission policies;

(4) Employee policies;

(5) Exhibitor policies;

(6) Maintenance responsibilities;

(7) Entry requirements;

(8) Department superintendent duties;

(9) Health and heredity requirements for animals;

(10) The provision of feed and forage;

(11) Administration of stalls;

(12) Judges and judging;

(13) Protests and appeals;

(14) Premiums and awards;

(15) Space rental provisions and requirements;

(16) The establishment of opening and closing dates;

(17) The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and

(18) Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.

Source: SDC 1939, § 55.4603; SL 1949, ch 226, § 1; SL 1964, ch 165; SL 1986, ch 326, § 1; SL 1987, ch 21; SL 1992, ch 8, § 2; SL 2003, ch 16, § 6; SL 2018, ch 13, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-11

1-21-11, 1-21-12. Repealed by SL 2003, ch 16, §§ 7, 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-13

1-21-13. Repealed by SL 2001, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-14. Receipt and disbursement of funds.

All sums received for admissions, concessions, and privileges, or for any purpose, by the secretary of agriculture and natural resources, shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture and natural resources.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 1973, ch 6; SL 1984, ch 7; SL 2001, ch 10, § 3; SL 2003, ch 16, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-15

1-21-15, 1-21-16. Repealed by SL 2001, ch 10, §§ 4, 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-21-17. Confidentiality of contract terms and negotiations.

The terms of any contract and the negotiations for any contract between the secretary of agriculture and natural resources and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.

Source: SL 1993, ch 16, § 1; SL 2003, ch 16, § 10; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-21-18

1-21-18. Repealed by SL 2015, ch 204, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-22 ARTS

CHAPTER 1-22

ARTS

1-22-1      Legislative findings and policy.
1-22-2      Arts council created--Composition and appointment of members.
1-22-2.1      Terms of office of council members.
1-22-2.2      Per diem and expenses of council members.
1-22-2.3      Arts council to continue in Department of Tourism.
1-22-3      Officers of arts council.
1-22-4      Meetings of arts council.
1-22-5      Powers and duties of council.
1-22-5.1      Executive director of council--Supplies and equipment.
1-22-6      Freedom of expression preserved.
1-22-7      Poet laureate of state--Qualifications and appointment.
1-22-8      Promulgation of rules.
1-22-9      Definitions.
1-22-10      Authorization of art work in certain state buildings--Applicability.
1-22-11      Art for state buildings fund--Use and derivation of funds.
1-22-12      Administration by council--Annual report.
1-22-13      Inventory--Examination of artwork--Restoration, repair, and replacement of artwork.
1-22-14      Selection of artists--Advice of panel--Restrictions on panel.
1-22-15      Exemption from bidding requirements.
1-22-16      Rights to ownership of acquired artwork.
1-22-17      Alternatives not precluded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-1. Legislative findings and policy.

The South Dakota Legislature, being aware of the impact of culture on a stable economy, desires to stimulate, encourage, and give recognition and assistance to the arts which, in order to grow and flourish, depend upon freedom, imagination and individual initiative. While the development of the arts has long been considered a matter of local concern, there is a need to unify and coordinate these forces on a statewide basis. The arts, the creative spirit which motivates them and which they personify, are an essential part of this state's human resources. The best interest of the state and its people requires that artistic expression in all of its forms be disseminated for everyone to see, appreciate and enjoy in order for our cultural and economic progress to be sustained and given impetus.

Source: SL 1966, ch 183, § 1; SL 1985, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-2. Arts council created--Composition and appointment of members.

There is created a South Dakota State Arts Council composed of eleven members appointed by the Governor. The members of the council shall be chosen to the extent practicable as representative of all the state's major art forms including instrumental and vocal music, dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, and the arts relating to the presentation, performance and exhibition of major art forms. The members shall be geographically representative of all sections of the state. The members are not subject to removal by the Governor except for cause.

Source: SL 1966, ch 183, § 2; SL 1973, ch 7, § 1; SL 1985, ch 12, § 2; SL 1996, ch 8, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-2.1. Terms of office of council members.

The term of office of members of the State Arts Council is three years. The terms shall be staggered so that terms of four members expire on consecutive years and the terms of three members expire every three years. Any person appointed to fill the unexpired term of another appointee shall serve the balance of the unexpired term.

Source: SL 1966, ch 183, § 8 as added by SL 1968, ch 240; SL 1973, ch 7, § 1; SL 1985, ch 12, § 3; SL 1996, ch 8, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-2.2. Per diem and expenses of council members.

The per diem and expenses of members of the council shall be paid out of funds appropriated for the council on warrants drawn by the state auditor upon itemized vouchers approved by the chair of the state arts council.

Source: SL 1966, ch 183, § 7 as added by SL 1968, ch 240; SL 1985, ch 12, § 4; SL 2009, ch 1, § 111.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-2.3. Arts council to continue in Department of Tourism.

The arts council shall continue, with all its functions, in the Department of Tourism. The secretary of the Department of Tourism shall perform the functions formerly exercised by the former secretary of the Department of Tourism and State Development, relating to the arts council.

Source: SL 1973, ch 2, § 257; SL 1985, ch 12, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2011, ch 1 (Ex. Ord. 11-1), § 92, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-3. Officers of arts council.

The arts council shall choose from its membership a chair, vice-chair, secretary, and treasurer.

Source: SL 1966, ch 183, § 3; SL 2009, ch 1, § 112.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-4. Meetings of arts council.

The arts council shall meet at the call of the chair and as often as necessary to perform its duties. A majority of the members constitutes a quorum and may act on any matter falling within the scope of the council's activities. The council shall keep complete minutes of its meetings.

Source: SL 1966, ch 183, § 4; SL 1982, ch 15, § 2; SL 2009, ch 1, § 113.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-5. Powers and duties of council.

The powers and duties of the council are:

(1) To promote, stimulate, encourage, recognize, and assist the arts in every way possible;

(2) To conduct research and provide a plan for the development of the arts in the State of South Dakota;

(3) To coordinate activities of the federal, state, and local governments and the state's institutions in relation to the arts;

(4) To approve projects for federal and state aid for the arts;

(5) To comply with the requirements of federal law relating to federal aid; and

(6) To accept, receive, and administer gifts, bequests, grants, and endowments from any sources whatsoever to further the purposes, objectives, and provisions of this chapter.

Source: SL 1966, ch 183, § 5; SL 1985, ch 12, § 6; SL 2009, ch 1, § 114.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-5.1. Executive director of council--Supplies and equipment.

The secretary of the Department of Tourism shall, subject to the approval of the Governor, appoint an executive director of the arts council, to serve at the pleasure of the secretary. The council shall provide such supplies and equipment as may be necessary.

Source: SL 1966, ch 183, § 9 as added by SL 1968, ch 240; SL 1979, ch 353, § 12; SL 1985, ch 12, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-6. Freedom of expression preserved.

This chapter may not be construed to provide control by the council over the content or expression of any of the art forms.

Source: SL 1966, ch 183, § 6; SL 1985, ch 12, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-7. Poet laureate of state--Qualifications and appointment.

There is created the office of poet laureate of South Dakota. The Governor shall appoint the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment unless the person is a resident of this state. No person may be appointed unless such person has been recommended to the Governor by the South Dakota State Poetry Society and has written and published poems of recognized merit prior to the appointment.

The term of the poet laureate is four years and begins July first in years following a gubernatorial election. No poet laureate may serve for more than one term consecutively, however, this restriction does not apply to a partial term to which the poet laureate may have been appointed.

Poet laureates

shall for life have the status

of emeritus.

Source: SL 1959, ch 307; SDC Supp 1960, § 55.0115; SL 2009, ch 1, § 115; SL 2015, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-8. Promulgation of rules.

The South Dakota Arts Council shall promulgate rules, pursuant to chapter 1-26, for the administration of the arts program supported by federal or state funds. The rules shall include eligibility requirements, application and appeal procedures, conditions for acceptance, and the expenditure of, and accountability for, grant awards.

Source: SL 1985, ch 12, § 9; SL 2009, ch 1, § 116.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-9. Definitions.

Terms used in §§ 1-22-9 to 1-22-17, inclusive, mean:

(1) "Acquisition," includes acquisition by purchase, lease, or commission;

(2) "Architect," any person or firm retained to design or prepare plans or specifications for any part of the public construction project, including landscape, interior, electrical, plumbing, heating, utility, engineering, or fixture design;

(3) "Art," "artwork," or "works of art," include frescoes, mosaics, sculpture, drawing, painting, photography, calligraphy, graphic art, stained glass, wall hangings, tapestries, fountains, ornamental gateways, monuments, displays, architectural embellishments, crafts, architectural landscaping, or any work of mixed media by an artist, artisan, or craftsperson;

(4) "Artist," includes any practitioner generally recognized by his or her peers or by critics as a professional who produces works of art. This term does not include the architect of the building under construction or any member of the architect's firm;

(5) "Construction, remodeling, or renovation cost," any cost expended for the actual construction, remodeling, or renovation of a state building, exclusive of the costs of land acquisition;

(6) "Council," Office of the Arts/South Dakota Arts Council;

(7) "State agency," or "state department," the agency of state government to which funds have been appropriated or allocated by the Legislature for the construction, remodeling, or renovation of any state building;

(8) "State building," includes any permanent structure together with any grounds and appurtenant structures which are intended to act as offices, laboratories, workshops, courtrooms, hearing or meeting rooms, storage rooms, or other space for carrying on the functions of a state agency; or auditoriums, meetings rooms, classrooms or other educational facilities, or eating, sleeping, medical, dental, library, or museum space for use by the general public. This term does not include public highways, bridges, sewers, fish ponds, fish hatcheries, service facilities at state parks and highway rest areas, correctional facilities, or separate buildings, not part of a larger construction project, which are intended as storage, warehouse, or maintenance and repair facilities;

(9) "User," the state agency having principal administrative responsibility for the actual utilization of a state building.

Source: SL 1989, ch 14, § 1; SL 1990, ch 16, § 1; SL 2009, ch 1, § 117.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-10. Authorization of art work in certain state buildings--Applicability.

Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display.

Sections 1-22-9 to 1-22-17, inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to remove asbestos, PCBs or other hazardous materials.

Source: SL 1989, ch 14, § 2; SL 2005, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-11. Art for state buildings fund--Use and derivation of funds.

A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of tourism and shall be used for acquisition of art as provided in §§ 1-22-9 to 1-22-17, inclusive, and for expenses incurred in the administration of §§ 1-22-9 to 1-22-17, inclusive. The fund may derive income from:

(1) Repealed by SL 2005, ch 15, § 2

(2) Grants;

(3) Gifts; or

(4) Other appropriations made by the Legislature.

Source: SL 1989, ch 14, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2005, ch 15, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 68, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-12. Administration by council--Annual report.

The council shall administer §§ 1-22-9 to 1-22-17, inclusive. The council shall make an annual report to the Legislature of all activity under §§ 1-22-9 to 1-22-17, inclusive.

Source: SL 1989, ch 14, § 4; SL 2009, ch 1, § 118.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-13. Inventory--Examination of artwork--Restoration, repair, and replacement of artwork.

The council shall keep an inventory of the works of art acquired pursuant to §§ 1-22-9 to 1-22-17, inclusive. It shall also periodically review and examine such artwork, reporting to the Legislature when restoring, repairing, or replacing any work of art is necessary.

Source: SL 1989, ch 14, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-14. Selection of artists--Advice of panel--Restrictions on panel.

Artists to create works of art and works of art to be acquired pursuant to §§ 1-22-9 to 1-22-17, inclusive, shall be selected by the council, with the advice of a panel specifically chosen for each project, pursuant to procedures, promulgated pursuant to chapter 1-26, established by the council. South Dakota artists shall receive preferential consideration in the selection process. Each panel shall contain a representative of the community. No panel member may be paid except for reimbursement for necessary costs and travel expenses. No panel member or any member of any panel member's family may be considered in the selection of an artist. All meetings and deliberations by the panel shall be open and public. The panel shall cooperate with other local and national art agencies.

Source: SL 1989, ch 14, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-15. Exemption from bidding requirements.

The acquisition of art under §§ 1-22-9 to 1-22-17, inclusive, is exempt from all state bidding requirements.

Source: SL 1989, ch 14, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-16. Rights to ownership of acquired artwork.

The state shall receive the rights to sole ownership and public display of all art acquired under §§ 1-22-9 to 1-22-17, inclusive, subject to the following rights retained by the artist:

(1) The right to claim authorship of the work of art;

(2) The right to have the artist's name associated with the work;

(3) The right to prevent degradation, mutilation, or aesthetic ruining of the work;

(4) The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws, including derivative and publishing rights but excluding rights to public display. Such rights may be limited by written consent;

(5) If provided by written consent, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of a sale of the building in which the work of art is located;

(6) If provided by written consent, the artist's rights may extend to the artist's heirs, assignees, or personal representative until the end of the twentieth year following the death of such artist.

Source: SL 1989, ch 14, § 8; SL 2009, ch 1, § 119.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-22-17. Alternatives not precluded.

Nothing in §§ 1-22-9 to 1-22-17, inclusive, may be construed as precluding the placement or purchase of other works of art. Nor may anything in §§ 1-22-9 to 1-22-17, inclusive be construed as precluding the use of ornamental detailing, or other architectural, functional, or structural garnishing in constructing public buildings or facilities.

Source: SL 1989, ch 14, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-23 INTERGOVERNMENTAL COOPERATION [TRANSFERRED]

CHAPTER 1-23

INTERGOVERNMENTAL COOPERATION [TRANSFERRED]

[Transferred to Chapters 1-15 and 2-9]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-24 JOINT EXERCISE OF GOVERNMENTAL POWERS

CHAPTER 1-24

JOINT EXERCISE OF GOVERNMENTAL POWERS

1-24-1      Definition of terms.
1-24-2      Joint exercise of powers authorized--Exceptions.
1-24-3      Agreements for cooperative action authorized--Approval by governing bodies.
1-24-4      Contents of agreement.
1-24-5      Provisions for control agency and property.
1-24-6      Agreements to be approved by state agency.
1-24-6.1      Agreements filed with attorney general and Legislative Research Council--Time.
1-24-7      Appropriation of funds and services to carry out agreement.
1-24-8      Contracts for service by public agencies.
1-24-9      Agencies not relieved from obligations by agreement.
1-24-10      Severability of provisions.
1-24-11      Pool arrangement defined.
1-24-12      Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.
1-24-13      Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment.
1-24-14      Funding arrangements with health and educational facilities authority.
1-24-15      Agreements for investment of public moneys.
1-24-16      Election when agreement pledges full faith and credit of public agency.
1-24-17      Pool arrangement, agreement, or financing not to be considered insurance or insurance company.
1-24-17.1      Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public.
1-24-18      Repealed.
1-24-19      Political subdivisions authorized to form separate administrative or legal entity.
1-24-20      Reciprocal interstate agreements for purpose of law enforcement.
1-24-21      Liability of law enforcement officers acting in reciprocal capacity.
1-24-22      Agreements of parties to an interstate law enforcement agreement.
1-24-23      Approval of Governor required for reciprocal agreements.
1-24-24      Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation.
1-24-25      Term of agreement regarding high school equivalency test--Renewal.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-1. Definition of terms.

Terms used in this chapter mean:

(1) "Participating public agency," any public agency which has elected to participate in a pool arrangement;

(2) "Public agency," any county, municipality, township, school district, consumers power district or drainage district of the State of South Dakota; any agency of South Dakota state government or of the United States; any political subdivision of this state; any political subdivision of another adjacent state; and any Indian tribe;

(3) "State," a state of the United States and the District of Columbia;

(4) "State agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty; provided that the term shall not include the legislative or judicial branch of the government of the state or units of local government, including but not limited to counties, townships, municipalities, chartered governmental units, or school or other special districts, or Indian tribes.

Source: SL 1966, ch 187, § 1; SL 1970, ch 9; SL 1974, ch 13; SL 1974, ch 14, § 1; SL 1975, ch 14, § 1; SL 1976, ch 12; SL 1991, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-2. Joint exercise of powers authorized--Exceptions.

Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of South Dakota state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by §§ 1-24-2 to 1-24-9, inclusive, upon a public agency. The provisions of this section do not apply to the power to tax or police powers, unless jointly held or otherwise authorized by law.

Source: SL 1966, ch 187, § 2; SL 1986, ch 19; SL 1990, ch 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-3. Agreements for cooperative action authorized--Approval by governing bodies.

Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§ 1-24-2 to 1-24-9, inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.

Source: SL 1966, ch 187, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-4. Contents of agreement.

Any such agreement shall specify the following:

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created;

(3) Its purpose or purposes;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;

(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and

(6) Any other necessary and proper matters.

Source: SL 1966, ch 187, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-5. Provisions for control agency and property.

In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated in § 1-24-4, contain the following:

(1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board public agencies party to the agreement shall be represented; and

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

Source: SL 1966, ch 187, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-6. Agreements to be approved by state agency.

In the event that an agreement made pursuant to §§ 1-24-2 to 1-24-9, inclusive, shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction.

Source: SL 1966, ch 187, § 7; SL 1973, ch 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-6.1. Agreements filed with attorney general and Legislative Research Council--Time.

A copy of any agreement entered into pursuant to this chapter to which any state agency is a party shall be filed with the attorney general and the Legislative Research Council not more than fourteen days after being executed.

Source: SL 1975, ch 14, § 2; SL 1976, ch 13; SL 1980, ch 15, § 4; SL 1980, ch 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-7. Appropriation of funds and services to carry out agreement.

Any public agency entering into an agreement pursuant to §§ 1-24-2 to 1-24-9, inclusive, may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.

Source: SL 1966, ch 187, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-8. Contracts for service by public agencies.

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.

Source: SL 1966, ch 187, § 9; SL 1974, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-9. Agencies not relieved from obligations by agreement.

No agreement made pursuant to §§ 1-24-2 to 1-24-8, inclusive, shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, which performance may be offered in satisfaction of the obligation or responsibility.

Source: SL 1966, ch 187, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-10. Severability of provisions.

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1966, ch 187, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-11. Pool arrangement defined.

For the purposes of §§ 1-24-11 to 1-24-17, inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtained coverage for property, personal injury, and workers compensation claims or group life, health, or accident coverage.

Source: SL 1991, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-12. Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.

The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and employees for liability they may incur which is not avoidable under the tenth or eleventh amendments of the United States Constitution, including liability coverage for property, personal injury and workers compensation claims and group life, health and accident coverage. Nothing in §§ 1-24-11 to 1-24-17, inclusive, constitutes an abrogation, change, waiver or modification of the doctrine of governmental or sovereign immunity created by any statute, judicial opinion, ordinance, resolution or tort claims act nor may §§ 1-24-11 to 1-24-17, inclusive, create any cause of action in federal court or under federal law. A pool arrangement authorized by §§ 1-24-11 to 1-24-17, inclusive, may provide coverages, services or benefits only for or on behalf of the participating public agencies in any given pool arrangement.

Source: SL 1991, ch 11, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-13. Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment.

If a public agency participates in a pool arrangement which is funded by the health and educational facilities authority pursuant to § 1-24-14, then the obligation to pay premiums and other amounts pursuant to such pool arrangement shall be sufficiently authorized and evidenced by a duly authorized resolution or ordinance approved and filed as provided by §§ 1-24-6 and 1-24-6.1 and no further proceedings, notice or approval may be required to evidence such obligations. On and after the date of such approval and filing, the obligation of any participating public agency to pay premiums or other obligations described in such resolution, ordinance or other instrument relating to the pool arrangement shall be deemed a noncancelable current expense for services rendered to and benefits received by such participating public agency in the year such premium or other obligations shall become payable notwithstanding the year in which such resolution, ordinance or other instrument relating to the pool arrangement was adopted or executed, and whether or not such obligations are supported by an irrepealable tax levy and whether or not such participating public agency has exercised any contractual right to cancel participation in the pool arrangement for any future fiscal year or portion thereof.

Source: SL 1991, ch 11, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-14. Funding arrangements with health and educational facilities authority.

Any public agency may enter into one or more pool arrangements with other public agencies and may enter into funding arrangements with the health and educational facilities authority and other public agencies, including agreements pursuant to which a public agency agrees to pay premiums and other charges for coverage or other benefits provided by such pool arrangement.

Source: SL 1991, ch 11, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-15. Agreements for investment of public moneys.

Any public body or participating public agency may enter into agreements or other arrangements for the investment of public moneys or other funds with the authority under the provisions of § 1-16A-19 so long as the agreement or other arrangement relates to a loan, lease or other financing which is authorized to be undertaken by the authority under chapter 1-16A.

Source: SL 1991, ch 11, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-16. Election when agreement pledges full faith and credit of public agency.

The election provisions of chapter 6-8B apply if a public agency issues any obligation or enters into any agreement in connection with a pool arrangement which includes an express pledge of the full faith and credit of the public agency and, in support thereof, a specific irrepealable covenant of the public agency to levy taxes in a future fiscal year in an amount necessary to pay premiums or other obligations in connection with such pool arrangement. If any such obligation or agreement does not include an express pledge of the full faith and credit of the public agency and a specific irrepealable covenant to levy taxes in a future fiscal year in an amount necessary to pay premiums or other such obligations in connection with such pool arrangement, then no election may be required to issue such obligations or enter into such agreements.

Source: SL 1991, ch 11, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-17. Pool arrangement, agreement, or financing not to be considered insurance or insurance company.

No pool arrangement and no agreement or financing in connection therewith may be considered insurance nor may any such pool arrangement, agreement, or financing be considered to be an insurance company under the laws of South Dakota nor may any such pool arrangement, agreement, or financing be under the jurisdiction of the commissioner of insurance.

Source: SL 1991, ch 11, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-17.1. Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public.

Each pool arrangement, as defined in § 1-24-11, shall have an annual audit of its financial statements conducted in accordance with generally accepted government auditing standards. A copy of the audited financial statements shall be filed with the Department of Legislative Audit within twelve months of the close of the previous fiscal year for the pool arrangement. The department shall make audited financial statements filed pursuant to this section available to the public on the department's website. The auditor-general may examine all financial records, related to funds provided by the state or its political subdivisions, of any pool arrangement if deemed necessary and in the public interest by the auditor-general.

Source: SL 2016, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-24-18

1-24-18. Repealed by SL 1995, ch 87, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-19. Political subdivisions authorized to form separate administrative or legal entity.

Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint entity may borrow funds to finance the purchase of real or personal property or to construct facilities. Any financing by bonds or other method shall require approval by more than sixty percent of the members of each participating governing board. The joint entity may enter into multiyear contracts. The joint entity shall follow all statutory requirements for public notice of meetings, publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal of surplus property, and audits.

Source: SL 1995, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-20. Reciprocal interstate agreements for purpose of law enforcement.

Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency.

Source: SL 1997, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-21. Liability of law enforcement officers acting in reciprocal capacity.

Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified law enforcement officer of the requesting agency. A certified law enforcement officer is any employee of the public agency who is certified as a law enforcement officer under its state laws and is responsible for the prevention and detection of crime and the enforcement of criminal or traffic laws in their respective jurisdictions.

Source: SL 1997, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-22. Agreements of parties to an interstate law enforcement agreement.

In addition to the other requirements in chapter 1-24, the parties to an interstate law enforcement agreement shall agree to the following:

(1) That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance with the laws of the state where such officers are employed, and if so trained and certified shall have the authority to act as a law enforcement officer within the jurisdiction of the requesting agency while responding to the request; and

(2) Any law enforcement officer responding to a request shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those certified law enforcement officers responding to requests.

Source: SL 1997, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-23. Approval of Governor required for reciprocal agreements.

All reciprocal interstate law enforcement agreements must be approved by the Governor.

Source: SL 1997, ch 9, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-24. Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation.

The Governor of the State of South Dakota is hereby authorized to enter into an agreement under the provisions of this chapter with any federally recognized Indian tribe. The purpose of any agreement entered into pursuant to this section is to allow the Indian tribes to select the high school equivalency test that is administered at testing sites located within the exterior boundaries of Indian reservations within the state.

Source: SL 2016, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24-25. Term of agreement regarding high school equivalency test--Renewal.

Any agreement reached pursuant to § 1-24-24 shall be for a term not to exceed five years. An agreement, however, is renewable upon expiration by the mutual consent of the parties.

Source: SL 2016, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-24A PRIVATE CONSULTANTS TO STATE AGENCIES

CHAPTER 1-24A

PRIVATE CONSULTANTS TO STATE AGENCIES

1-24A-1      Consulting contracts filed with state auditor--Time.
1-24A-2      State agency defined.
1-24A-3      Consulting contract defined.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24A-1. Consulting contracts filed with state auditor--Time.

A copy of all consulting contracts entered into by a state agency with a nongovernmental party shall be filed by the agency with the state auditor within five days after such contract is entered into and finally approved by the contracting parties.

Source: SL 1980, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24A-2. State agency defined.

The term "state agency," as used in § 1-24A-1, means any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty.

Source: SL 1980, ch 15, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-24A-3. Consulting contract defined.

The term "consulting contract," as used in § 1-24A-1, means a written contract or written agreement for consulting services to the state paid out of contractual services accounts as defined by the state accounting manual, in effect as of January 1, 1980.

Source: SL 1980, ch 15, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-25

MEETINGS OF PUBLIC AGENCIES

1-25-1 Official meetings open to public--Exceptions--Public comment--Violation as misdemeanor.

1-25-1.1 Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.

1-25-1.2 1-25-1.2. Repealed by SL 2019, ch 3, § 6.

1-25-1.3 Notice of meeting of the state--Agenda--Violation as misdemeanor.

1-25-1.4 Information to be posted on state website.

1-25-1.5 Teleconference meeting or hearing--Quorum--Vote.

1-25-1.6 Public participation in teleconference meeting.

1-25-2 Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.

1-25-3 Minutes of proceedings--Availability to public--Violation as misdemeanor.

1-25-4 1-25-4. Repealed by SL 1996, ch 9, § 2.

1-25-5 1-25-5. Repealed by SL 1980, ch 24, § 12.

1-25-6 Duty of state's attorney on receipt of complaint alleging chapter violation.

1-25-6.1 Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.

1-25-7 Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.

1-25-8 Open Meeting Commission--Appointment of members--Chair.

1-25-9 Limitations on participation by commission members.

1-25-10 State Investment Council may discuss certain matters in executive session.

1-25-11 Recording of open official meeting to be permitted.

1-25-12 Definitions.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1. Official meetings open to public--Exceptions--Public comment--Violation as misdemeanor.

The official meetings of the state and its political subdivisions are open to the public unless a specific law is cited by the state or the political subdivision to close the official meeting to the public.

It is not an official meeting of one public body if its members provide information or attend the official meeting of another public body for which the notice requirements of § 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.

For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the political subdivision may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and shall contain, at a minimum, the date, time, and location of the event.

The public body shall reserve at every official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.

Public comment is not required at official meetings held solely for the purpose of meeting in executive session, an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing body, regardless of whether the activity takes place at the time and place usually reserved for an official meeting.

If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 9; SL 1989, ch 15, § 1A; SL 1990, ch 18, § 1; SL 1990, ch 30, § 1; SL 1993, ch 17; SL 2005, ch 16, § 1; SL 2008, ch 13, § 1; SL 2010, ch 9, § 2; SL 2012, ch 5, § 1; SL 2013, ch 8, § 1; SL 2016, ch 9, § 1; SL 2018, ch 14, § 1; SL 2019, ch 3, § 2; SL 2023, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1.1. Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.

Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch 22, § 2; § 1-25-1.2; SL 1990, ch 19; SL 1990, ch 30, § 2; SL 2012, ch 6, § 1; SL 2013, ch 9, § 1; SL 2015, ch 11, § 1; SL 2016, ch 10, § 1; SL 2019, ch 3, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-25-1.2

1-25-1.2. Repealed by SL 2019, ch 3, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1.3. Notice of meeting of the state--Agenda--Violation as misdemeanor.

The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, the state shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Source: SL 2016, ch 10, § 2; SL 2017, ch 7, § 1; SL 2017, ch 8, § 1; SL 2019, ch 3, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1.4. Information to be posted on state website.

Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:

(1) Financial statements;

(2) Audit reports;

(3) A list of the members of the board or commission;

(4) A schedule of future meetings;

(5) Public meeting materials that are available before a public meeting;

(6) Meeting minutes; and

(7) Annual reports.

Source: SL 2017, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1.5. Teleconference meeting or hearing--Quorum--Vote.

Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference may be taken by voice vote. If any member votes in the negative, the vote shall proceed to a roll call vote.

Source: SL 2019, ch 3, § 3; SL 2021, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-1.6. Public participation in teleconference meeting.

At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to official meetings closed to the public pursuant to specific law.

Source: SL 2019, ch 3, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.

Executive or closed meetings may be held for the sole purposes of:

(1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor;

(2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

(3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

(4) Preparing for contract negotiations or negotiating with employees or employee representatives;

(5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

(6) Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to:

(a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;

(b) Emergency management or response;

(c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;

(d) Cyber security plans, computer, communications network schema, passwords, or user identification names;

(e) Guard schedules;

(f) Lock combinations;

(g) Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and

(h) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel.

However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-3. Minutes of proceedings--Availability to public--Violation as misdemeanor.

The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.

Source: SL 1953, ch 307; SDC Supp 1960, § 55.2917; SL 1966, ch 165, § 16; SL 1980, ch 24, § 11; SL 1996, ch 9, § 1; SL 2015, ch 12, § 1; SL 2019, ch 3, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-25-4

1-25-4. Repealed by SL 1996, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-25-5

1-25-5. Repealed by SL 1980, ch 24, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-6. Duty of state's attorney on receipt of complaint alleging chapter violation.

If a complaint alleging a violation of this chapter is made pursuant to § 23A-2-1, the state's attorney shall take one of the following actions:

(1) Prosecute the case pursuant to Title 23A;

(2) Determine that there is no merit to prosecuting the case. Upon doing so, the state's attorney shall send a copy of the complaint and any investigation file to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or

(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action.

Source: SL 2004, ch 19, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-6.1. Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.

If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions:

(1) Prosecute the case pursuant to Title 23A;

(2) Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6;

(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or

(4) Refer the complaint to another state's attorney or to the attorney general for action pursuant to § 1-25-6.

Source: SL 2010, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-7. Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.

Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory file submitted by the state's attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary for the proposed decision. The final decision shall be made by a majority of the commission members, with each member's vote set forth in the written decision. The final decision shall be filed with the attorney general and shall be provided to the public entity and or public officer involved, the state's attorney, and any person that has made a written request for such determinations. If the commission finds a violation of this chapter, the commission shall issue a public reprimand to the offending official or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state's attorney or the attorney general. All findings and public censures of the commission shall be public records pursuant to § 1-27-1. Sections 1-25-6 to 1-25-9, inclusive, are not subject to the provisions of chapter 1-26.

Source: SL 2004, ch 19, § 2; SL 2010, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-8. Open Meeting Commission--Appointment of members--Chair.

The South Dakota Open Meeting Commission is comprised of five state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission annually by majority vote.

Source: SL 2004, ch 19, § 3; SL 2024, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-9. Limitations on participation by commission members.

No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigation, or represents or serves as a member of the governmental entity about whom the referral is made. The provisions of this section do not preclude a commission member from otherwise serving on the commission for other matters referred to the commission.

Source: SL 2004, ch 19, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-10. State Investment Council may discuss certain matters in executive session.

The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6(5).

Source: SL 2010, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-11. Recording of open official meeting to be permitted.

No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.

Source: SL 2016, ch 11, § 1; SL 2019, ch 3, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25-12. Definitions.

Terms used in this chapter mean:

(1) "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law;

(2) "Public body," any political subdivision and the state;

(3) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;

(4) "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;

(5) "State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.

Source: SL 2019, ch 3, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-25A BROADCAST ANNOUNCEMENTS BY PUBLIC AGENCIES

CHAPTER 1-25A

BROADCAST ANNOUNCEMENTS BY PUBLIC AGENCIES

1-25A-1 Purchase of advertising time permitted for public announcements.
1-25A-2 Broadcast not equivalent of legal notice.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25A-1. Purchase of advertising time permitted for public announcements.

Any office, agency, board, or commission of this state or any of its counties, townships or municipalities is hereby authorized to purchase radio and television advertising time to broadcast any announcement found to be in the public interest.

Source: SL 1973, ch 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-25A-2. Broadcast not equivalent of legal notice.

Nothing in § 1-25A-1 shall authorize the purchase of radio and television advertising time to broadcast any legal notice which is required to be given by law, nor shall it be construed to give radio and television legal publication status.

Source: SL 1973, ch 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-26

ADMINISTRATIVE PROCEDURE AND RULES

1-26-1 Definition of terms.

1-26-1.1 Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.

1-26-1.2 Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.

1-26-1.3 Delegation of duties by director.

1-26-2 Agency materials available for public inspection--Derogatory materials.

1-26-2.1 Small business impact statements--Content.

1-26-2.2 1-26-2.2. Repealed by SL 2006, ch 7, § 1.

1-26-2.3 Housing cost impact statement--Content.

1-26-3 1-26-3. Repealed by SL 1972, ch 8, § 36.

1-26-4 Permanent rulemaking procedure--Notice, filings, service, and hearing--Extension--Waiver.

1-26-4.1 Notice of hearing on proposed rule--Contents--Publication--Mailing.

1-26-4.2 Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.

1-26-4.3 Rule review by Interim Rules Review Committee before filing--Time limits.

1-26-4.4 Time for promulgation of rules after passage of legislative authority.

1-26-4.5 Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.

1-26-4.6 Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1.

1-26-4.7 Reversion to step in adoption procedure.

1-26-4.8 Fee increase in proposed rule--Agency financial resource information--Submission to review committee.

1-26-4.9 Authority of Interim Rules Review Committee.

1-26-4.10 Resubmission of amended rule to review committee--Hearing not required.

1-26-5 Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.

1-26-5.1 Temporary suspension by emergency rule--Reversion of amended rule to original form.

1-26-5.2 1-26-5.2. Repealed by SL 1979, ch 8, § 2.

1-26-6 Completion of adoption of rule or change in rules.

1-26-6.1 Restriction on incorporation of statutory material.

1-26-6.2 Uniform style for rules--Required contents.

1-26-6.3 Notice that rules do not conform--Redrafting and filing required.

1-26-6.4 1-26-6.4. Repealed by SL 1975, ch 16, § 25.

1-26-6.5 Review by director--Notice to agency of need for change.

1-26-6.6 Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.

1-26-6.7 Procedure for amendment, suspension or repeal of rules.

1-26-6.8 Rules unenforceable until properly adopted.

1-26-6.9 Licensing board or commission fees--Criteria and limitation.

1-26-6.10 Restriction of licensee's right or privilege to carry or possess pistol prohibited.

1-26-7 Records retained--Copies--Public inspection of current rules.

1-26-7.1 Agency's statement of reasons for adoption or rejection of rule.

1-26-8 Effective date of rules--Emergency rules.

1-26-8.1 Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency.

1-26-8.2 Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.

1-26-8.3 Retroactive effect of rule--Burden of proving authority or necessity.

1-26-9 1-26-9. Transferred to § 1-26A-1.

1-26-10 1-26-10. Repealed by SL 1972, ch 8, § 36.

1-26-11 Pamphlet publication of rules--Supervision.

1-26-12 Distribution and sale of publications and copies of rules.

1-26-12.1 List of rules and organizational statements.

1-26-13 Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.

1-26-13.1 Service complete when deposited in mail.

1-26-14 Declaratory judgment on rules.

1-26-15 Declaratory rulings by agencies.

1-26-16 Notice and hearing required in contested cases.

1-26-16.1 1-26-16.1. Repealed by SL 1983, ch 7.

1-26-17 Contents of notice in contested cases.

1-26-17.1 Intervention in contested case by person with pecuniary interests.

1-26-18 Rights of parties at hearings on contested cases--Summary disposition of certain cases.

1-26-18.1 1-26-18.1, 1-26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15.

1-26-18.3 Request to use Office of Hearing Examiners in certain contested cases.

1-26-19 Rules of evidence in contested cases.

1-26-19.1 Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.

1-26-19.2 Depositions of witnesses.

1-26-20 Agreed disposition of contested cases.

1-26-21 Contents of record in contested cases.

1-26-22 Transcript in contested cases--Minutes in lieu of transcript.

1-26-23 Basis for findings in contested cases.

1-26-24 Tentative or proposed decision served on parties--Contents--Waiver.

1-26-25 Form, contents and notice of decisions, orders and findings.

1-26-26 Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.

1-26-27 License proceeding treated as contested case.

1-26-28 Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.

1-26-29 Notice and hearing required for revocation or suspension of license--Emergency suspension.

1-26-29.1 Costs of disciplinary hearing.

1-26-30 Right to judicial review of contested cases--Preliminary agency actions.

1-26-30.1 Right of appeal when agency fails to act in contested case.

1-26-30.2 Appeal from final action in contested case.

1-26-30.3 Conduct of appeals.

1-26-30.4 Scope of sections on appeals to circuit courts.

1-26-30.5 Suspension of sections on appeals to circuit courts.

1-26-31 Notice of appeal--Time for service and filing.

1-26-31.1 Venue of appeal--Appeals from single action.

1-26-31.2 Contents of notice of appeal.

1-26-31.3 Change of venue.

1-26-31.4 Contested cases--Statement of issues on appeal.

1-26-32 When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.

1-26-32.1 Procedural rules applied.

1-26-32.2 Request for transcript--Waiver by failure to request.

1-26-32.3 Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.

1-26-32.4 Form of transcript--Number of copies--Certification.

1-26-33 Record transmitted to circuit court--Limitation of record--Corrections and additions.

1-26-33.1 1-26-33.1. Transferred to § 1-26-33.6.

1-26-33.2 Time for serving briefs.

1-26-33.3 Brief of appellant--Contents.

1-26-33.4 Brief of appellee--Contents.

1-26-33.5 1-26-33.5. Repealed by SL 1996, ch 158, § 44.

1-26-33.6 Speedy hearing and determination.

1-26-34 Circuit court may order agency to take additional evidence.

1-26-35 Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.

1-26-36 Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.

1-26-36.1 Appellee's right to obtain review.

1-26-37 Appeal to Supreme Court.

1-26-38 Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.

1-26-38.1 Amendment as provisional--Subject to suspension--Effect.

1-26-39 1-26-39. Repealed by SL 1972, ch 8, § 36.

1-26-40 Severability of provisions.

1-26-41 Citation of chapter.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-1. Definition of terms.

Terms used in this chapter mean:

(1) "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term includes a home-rule municipality that has adopted its own administrative appeals process, whose final decisions, rulings, or actions rendered by that process are subject to judicial review pursuant to this chapter. The term does not include the Legislature, the Unified Judicial System, any unit of local government, or any agency under the jurisdiction of such exempt departments and units unless the department, unit, or agency is specifically made subject to this chapter by statute;

(2) "Contested case," a proceeding, including rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but the term does not include the proceedings relating to rule making other than rate-making, proceedings related to inmate disciplinary matters as defined in § 1-15-20, or student academic proceedings under the jurisdiction of the Board of Regents;

(3) "Emergency rule," a temporary rule that is adopted without a hearing or which becomes effective less than twenty days after filing with the secretary of state, or both;

(4) "License," the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

(5) "Licensing," the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license;

(6) "Party," each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

(7) "Person," all political subdivisions and agencies of the state;

(8) "Rule," each agency statement of general applicability that implements, interprets, or prescribes law, policy, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

(a) Statements concerning only the internal management of an agency and not affecting private rights or procedure available to the public;

(b) Declaratory rules issued pursuant to § 1-26-15;

(d) Executive orders issued by the Governor;

(e) Student matters under the jurisdiction of the Board of Regents;

(f) Actions of the railroad board pursuant to § 1-44-28;

(g) Inmate disciplinary matters as defined in § 1-15-20;

(h) Internal control procedures adopted by the Gaming Commission pursuant to § 42-7B-25.1;

(i) Policies governing specific state fair premiums, awards, entry, and exhibit requirements adopted by the State Fair Commission pursuant to § 1-21-10;

(j) Lending procedures and programs of the South Dakota Housing Development Authority; and

(8A) "Small business," a business entity that employs twenty- five or fewer full-time employees.

(9) "Substantial evidence," such relevant and competent evidence as a reasonable mind might accept as being sufficiently adequate to support a conclusion.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 1; SL 1968, ch 210; SL 1972, ch 8, § 3; SL 1973, ch 264, § 1; SL 1974, ch 16, §§ 1, 2; SL 1975, ch 16, §§ 7, 8; SL 1976, ch 14, §§ 1, 2; SL 1977, ch 13, § 1; SL 1977, ch 14; SL 1980, ch 17; SL 1982, ch 20, § 2; SL 1983, ch 199, § 1; SL 1989, ch 20, § 42; SL 1990, ch 343, § 9A; SL 1992, ch 8, § 3; SL 1995, ch 3, § 2; SL 1996, ch 10, § 1; SL 1996, ch 130, § 15A; SL 1999, ch 6, § 1; SL 2004, ch 20, § 1; SL 2012, ch 7, § 1; SL 2014, ch 73, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-1.1. Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.

There is hereby created a legislative committee of six members, no more than four of whom shall be of the same political party, which shall be designated the Interim Rules Review Committee. The committee shall be composed of three members of the Senate to be appointed by the president pro tempore of the Senate and three members of the House of Representatives to be appointed by the speaker of the House of Representatives and no more than two senators and two representatives shall be of the same political party. Members shall be appointed prior to the adjournment of each regular session in odd-numbered years and shall serve for two-year terms ending at noon on the second Tuesday in January in each odd-numbered year; however, members shall serve until their successors are appointed. Vacancies on the committee shall be filled by the original appointing authority for the remainder of the term. A vacancy shall exist whenever a committee member ceases to be a member of the Legislature.

Source: SL 1972, ch 8, § 1; SL 1975, ch 16, § 9; SL 1983, ch 13, § 1; SL 2005, ch 17, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-1.2. Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.

The interim rules review committee shall choose a chair from its members and prescribe its rules of procedure. Meetings of the committee shall be at the call of the chair or a majority of the committee.

On or before the first Monday following the last day of the legislative session, the committee and the agencies shall determine a schedule of dates for meetings to be held during the following twelve months. However, the committee is not required to hold a meeting if no proposed rules have been filed pursuant to subdivision 1-26-6(4) prior to the meeting.

The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules and to the Legislature regarding administrative law. All meetings, regular or special, shall be open to the public and any interested person may be heard and present evidence.

Members of the committee shall be compensated for their attendance at meetings and for time spent in conduct of committee business at rates established by the Executive Board of the Legislative Research Council. The director of the Legislative Research Council, or one or more persons from the director's office, shall act as secretary to the committee, or the committee may employ a secretary.

Source: SL 1972, ch 8, § 2; SL 1974, ch 16, § 3; SL 1989, ch 16, § 1; SL 1990, ch 20, § 1; SL 2000, ch 4, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-1.3. Delegation of duties by director.

The director may delegate the duties imposed by this chapter to other persons in the Legislative Research Council's office. Each person to whom the duties are delegated has the same power and authority as the director for the purposes of this chapter. The papers specifying the delegation of duties shall be filed with the secretary of state.

Source: SL 1977, ch 13, § 11; SL 1989, ch 16, § 2; SL 2009, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-2. Agency materials available for public inspection--Derogatory materials.

Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra-agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. An agency shall hold confidential materials derogatory to a person but such information shall be made available to the person to whom it relates.

Source: SDC 1939, § 55.1203; SL 1966, ch 159, § 2; SL 1972, ch 8, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-2.1. Small business impact statements--Content.

An agency shall, when submitting any proposed rule that will have a direct impact on small business, prepare an impact statement that includes the following:

(1) A narrative explanation in plain, easy-to-read language of the effect of the rule on small business, the basis for its enactments, and why the rule is needed;

(2) An identification and estimate of the number of small businesses subject to the proposed rule;

(3) The projected reporting and recordkeeping required for compliance with the proposed rule, including the types of professional skills necessary for preparation of the report or record;

(4) A statement of the probable effect on impacted small business; and

(5) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.

An agency is only required to use readily available information and existing resources to prepare the impact statement.

Source: SL 2004, ch 20, § 2; SL 2006, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-2.2

1-26-2.2. Repealed by SL 2006, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-2.3. Housing cost impact statement--Content.

Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, plumbing or mechanical systems, energy conservation, or fire prevention, the agency shall prepare a housing cost impact statement setting forth the need for each new standard or requirement and the estimated cost, per dwelling unit, of compliance. To determine the estimated cost of compliance, the agency shall obtain from three licensed contractors, or other applicable building trades professionals operating in this state an estimate of the total cost to consumer of all materials, labor and taxes necessary to comply with the proposed new standard or requirement. The agency shall use the average of these estimates in preparing the impact statement. For purposes of this section, residential structure, means any one-family dwelling, two-family dwelling, or townhouse not more than three stories above grade.

Source: SL 2021, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-3

1-26-3. Repealed by SL 1972, ch 8, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4. Permanent rulemaking procedure--Notice, filings, service, and hearing--Extension--Waiver.

The following notice, service, and public hearing procedure must be used to adopt, amend, or repeal a permanent rule:

(1) An agency shall serve a copy of a proposed rule and any publication described in § 1-26-6.6 upon the departmental secretary, bureau commissioner, public utilities commissioner, or constitutional officer to which it is attached for the secretary's, commissioner's, or officer's written approval to proceed;

(2) After receiving the written approval of the secretary, commissioner, or officer to proceed, the agency shall serve the director with a copy of: the proposed rule; any publication described in § 1-26-6.6; the fiscal note required by § 1-26-4.2; the impact statement on small business required by § 1-26-2.1; the housing cost impact statement required by § 1-26-2.3; and the notice of hearing required by § 1-26-4.1. The copy of these documents must be served at least twenty days before the public hearing to adopt the proposed rule. Any publication described in § 1-26-6.6 must be returned to the agency upon completion of the director's review and retained by the agency. Twenty days before the public hearing, the agency shall serve the commissioner of the Bureau of Finance and Management with a copy of: the proposed rule; the fiscal note required by § 1-26-4.2; the impact statement on small business required by § 1-26-2.1; the housing cost impact statement required by § 1-26-2.3; and the notice of hearing required by § 1-26-4.1;

(3) At least twenty days before the public hearing, the agency shall:

(a) Publish the notice of hearing in the manner prescribed by § 1-26-4.1; and

(b) Publish, on the agency's website, the housing cost impact statement required by § 1-26-2.3;

(4) After reviewing the proposed rule pursuant to § 1-26-6.5, the director shall advise the agency of any recommended corrections to the proposed rule. If the agency does not concur with any recommendation of the director, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action;

(5) The agency shall afford all interested persons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearing held to adopt the rule. The hearing may be continued from time to time. The agency shall keep minutes of the hearing. A majority of the members of any board or commission authorized to pass rules must be present during the course of the public hearing;

(6) If the authority promulgating the rule is a secretary, commissioner, or officer, the agency shall accept written comments regarding the proposed rule for a period of ten days after the public hearing. If the authority promulgating the rule is a part-time citizen board, commission, committee, or task force, each interested person shall submit written comments at least seventy-two hours before the public hearing. The seventy-two hours does not include the day of the public hearing. The written comments may be submitted by mail or email. The record of written comments may be closed at the conclusion of the public hearing. The hearing may be continued for the purpose of taking additional comments;

(7) After the written comment period, the agency shall consider all amendments, data, opinions, or arguments regarding the proposed rule. A proposed rule may be modified or amended at this time to include or exclude matters that were described in the notice of hearing; and

(8) The agency shall serve the minutes of the hearing, a complete record of written comments, the impact statement on small business, the housing cost impact statement, the fiscal note, the information required by § 1-26-4.8, and a corrected copy of the rule on the members of the Interim Rules Review Committee, at least seven days before the agency appears before the committee to present the rules.

The time periods specified in this section may be extended by the agency. The requirement to serve the committee in subdivision (8) may be waived by the committee chair, if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.

Source: SL 1966, ch 159, § 3; SL 1972, ch 8, § 5; SL 1974, ch 16, § 4; SL 1975, ch 16, § 10; SL 1975, ch 18; SL 1976, ch 15, § 1; SL 1976, ch 27, § 2; SL 1977, ch 13, § 3; SL 1978, ch 13, § 1; SL 1979, ch 8, § 1; SL 1981, ch 8; SL 1986, ch 20, § 1; SL 1989, ch 16, § 3; SL 1996, ch 11, § 1; SL 1997, ch 10, § 1; SL 1998, ch 9, § 1; SL 2001, ch 11, § 1; SL 2002, ch 15, § 1; SL 2004, ch 20, § 3; SL 2005, ch 18, § 1; SL 2009, ch 9, § 2; SL 2017, ch 7, § 2; SL 2021, ch 10, § 2; SL 2024, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.1. Notice of hearing on proposed rule--Contents--Publication--Mailing.

The notice of a public hearing of an agency's intent to adopt, amend, or repeal a rule shall be published in a manner selected to notify persons likely to be affected by the proposed rule. At a minimum the notice of the public hearing shall be published in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section.

The notice of a public hearing or the notice of intent to adopt an emergency rule shall be mailed to each person who has made a timely request of the agency for advance notice of its rule-making proceedings.

A notice of hearing or a notice of intent to adopt emergency rules shall contain a narrative description of the effect of the proposed rule and the reasons for adopting the proposed rule. A notice of hearing shall also state where and when the hearing will be held, how amendments, data, opinions, and arguments may be presented, the deadline to submit written comments, and how the public may obtain copies of the proposed rule.

Source: SL 1972, ch 8, § 6; SL 1975, ch 16, § 13; SL 1976, ch 15, § 2; SL 1977, ch 13, § 5; SL 1978, ch 13, § 2; SL 1984, ch 9, § 1; SL 1986, ch 20, § 2; SL 2009, ch 9, § 3; SL 2017, ch 7, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.2. Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.

An agency shall, when submitting any proposed rule except an emergency rule, include a fiscal note. The fiscal note shall state what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions. The fiscal note shall include an explanation of how such effect, if any, was computed.

The Bureau of Finance and Management shall prepare its own fiscal note and serve it on the agency, the director and the cochairmen of the Joint Appropriations Committee prior to hearing. If a proposed rule has a negative fiscal impact on a political subdivision, the agency shall direct the bureau to transmit a copy of the bureau's fiscal note to the South Dakota Municipal League, the Associated School Boards of South Dakota, and the South Dakota County Commissioners Association, prior to the hearing.

Source: SL 1975, ch 15; SL 1976, ch 15, § 3; SL 1977, ch 15; SL 1983, ch 5, § 1; SL 1989, ch 16, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.3. Rule review by Interim Rules Review Committee before filing--Time limits.

No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts a motion that the rule-making process is complete. No emergency rule may be adopted if more than thirty days have passed from the date the notice of intent to adopt an emergency rule was published in the manner prescribed in § 1-26-4.1.

Source: SL 1975, ch 16, § 14; SL 1987, ch 23; SL 1989, ch 16, § 5; SL 1991, ch 12; SL 1996, ch 11, § 2; SL 2000, ch 4, § 1; SL 2016, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.4. Time for promulgation of rules after passage of legislative authority.

If an act of the Legislature, which becomes effective on the date set by § 2-14-16, contains an authorization for an agency to promulgate rules, the agency may perform the acts specified in § 1-26-4 or 1-26-5 any time after the Governor has signed the act containing the authorization to promulgate rules. However, the rules do not become effective until the act authorizing the agency to promulgate rules is effective.

Source: SL 1977, ch 13, § 4; SL 1986, ch 20, § 4; SL 1989, ch 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.5. Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.

All notices of hearings on the adoption of rules made prior to July 1, 1984, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1985, such right shall be forever barred. An action or proceeding involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10, was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1985.

Source: SL 1984, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.6. Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1.

All notices of intent to adopt emergency rules made prior to March 14, 1985, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in subdivision 1-26-4(2), and if no action or proceeding to enforce such right was commenced prior to July 1, 1986, such right is forever barred.

An action or proceeding brought pursuant to § 1-26-4.1 involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10, was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1987.

Source: SL 1986, ch 20, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.7. Reversion to step in adoption procedure.

The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee:

(1) The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;

(2) The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;

(3) The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;

(4) The proposed rule is not a valid exercise of delegated legislative authority;

(5) The proposed rule is not in proper form;

(6) The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;

(7) The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements;

(8) The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule; or

(9) The proposed rule may impose more than nominal costs upon a unit of local government or school district when the unit of local government or school district may not have sufficient funding to perform the activity required by the proposed rule.

If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step.

Source: SL 1990, ch 21; SL 2003, ch 17, § 1; SL 2004, ch 21, § 1; SL 2010, ch 8, § 1; SL 2011, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.8. Fee increase in proposed rule--Agency financial resource information--Submission to review committee.

If an agency proposes a rule to increase a fee, the agency shall provide information to the Interim Rules Review Committee about the financial resources available to the agency. This information consists of the agency's beginning fund balance, receipts, disbursements, ending fund balance for each of the last two fiscal years and consists of the agency's beginning fund balance, projected receipts, projected disbursements, and ending balance for the current fiscal year and the next fiscal year.

Source: SL 2005, ch 18, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.9. Authority of Interim Rules Review Committee.

The Interim Rules Review Committee may:

(1) Declare that the rule-making process is complete to the satisfaction of the committee;

(2) Revert the rule to an earlier step in the rule adoption procedure pursuant to § 1-26-4.7 to consider an amendment to the proposed rule; or

(3) Move to suspend the proposed rule pursuant to § 1-26-38.

Source: SL 2013, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-4.10. Resubmission of amended rule to review committee--Hearing not required.

If the Interim Rules Review Committee reverts a rule to consider amendments to the proposed rule, the agency may make the amendment and resubmit the rule as amended at the next meeting of the Interim Rules Review Committee. An agency is not required to hold a hearing on an amendment made under this section. If the agency makes the amendment, the amended rule shall be published in the next register.

Source: SL 2013, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-5. Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.

Prior to the adoption or amendment of an emergency rule, an agency shall publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4.1 and shall serve on the person specified by subdivision 1-26-4(1), each member of the Interim Rules Review Committee, and the director:

(1) A copy of the proposed rule, which shall bear a special number to distinguish it from a permanent rule;

(2) Any publication described in § 1-26-6.6 which shall be returned to the agency upon completion of the director's review and retained by the agency; and

(3) A statement, with the reasons, that the emergency procedure is necessary: because of imminent peril to the public health, safety, or welfare; to prevent substantial unforeseen financial loss to state government; or because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interests of the state or its residents.

Any agency may use the emergency rule adoption procedure. However, no agency may use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules.

Source: SL 1966, ch 159, § 3; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 16, § 11; SL 1978, ch 13, § 3; SL 1986, ch 20, § 5; SL 1989, ch 16, § 6; SL 1990, ch 22; SL 1997, ch 11, § 1; SL 1998, ch 9, § 3; SL 2003, ch 17, § 2; SL 2006, ch 4, § 3; SL 2009, ch 9, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-5.1. Temporary suspension by emergency rule--Reversion of amended rule to original form.

A rule may be temporarily suspended, but not repealed, by the adoption of an emergency rule. A rule amended by an emergency rule will revert to its original form ninety days after it has been in effect or at an earlier date if so specified in the rule, unless further amended within that period.

Source: SL 1975, ch 16, § 15; SL 1977, ch 13, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-5.2

1-26-5.2. Repealed by SL 1979, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6. Completion of adoption of rule or change in rules.

The adoption, amendment, or repeal of a rule is complete when:

(1) All the requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since all the requirements of § 1-26-5 have been complied with;

(2) It has been signed by a majority of the members of the multi-member body or by the officer having the authority to adopt it;

(3) It has been signed by the director;

(4) A copy has been filed with the director, in a form prescribed by the director to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota;

(5) The rule and a certificate have been filed with the secretary of state. The certificate shall affirm that the rule filed is a true and correct copy of the rule as adopted and that the agency has complied with § 1-26-4 or 1-26-5, and with this section; and

(6) For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee.

Certificates required by this section shall be affidavits executed, under oath, by the officers authorized by statute to promulgate the rule. If a rule is promulgated by a multi-member body, the certificate shall be signed by its presiding officer.

Emergency rules are provisionally effective immediately after being filed. Notwithstanding § 15-6-6(a), all other rules are provisionally effective on the twentieth day after being filed, not counting the day of filing. In either case a later effective date may be specified as part of the rules being filed. A rule which is not yet effective or a provisionally effective rule may be suspended in the manner specified by § 1-26-38 any time prior to the first day of July of the year following the year in which it became, or would have become, effective. The rule's provisional status ends at that time, and the rule may not thereafter be suspended by the rules committee. Unless suspended, a provisionally effective rule shall be enforced by the agency and the courts as if it were not so conditioned.

No rule promulgated after June 30, 1975, is valid unless adopted in compliance with § 1-26-4 or 1-26-5, and this section and copies of the rule are made available to the public upon request, by the agency.

Source: SDC 1939, §§ 55.1203, 65.0106; SL 1966, ch 159, §§ 3, 4 (1); SDCL, § 1-26-7; SL 1972, ch 8, §§ 7, 10, 12; SDCL Supp, § 1-26-6.4; SL 1973, ch 9, § 1; SL 1974, ch 16, §§ 5, 7; SL 1975, ch 16, § 12; SL 1976, ch 15, § 4; SL 1977, ch 13, § 7; SL 1978, ch 13, § 4; SL 1986, ch 20, § 6; SL 1989, ch 16, § 7; SL 1998, ch 9, § 2; SL 2000, ch 4, § 2; SL 2004, ch 22, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.1. Restriction on incorporation of statutory material.

An agency may refer to statute but may not incorporate statutory provisions, other than definitions, in their rules nor publish or distribute statutory material in conjunction with their rules unless required by law or expressly authorized by the Code Commission pursuant to § 2-16-8.1.

Source: SL 1972, ch 8, § 8; SL 1984, ch 10, § 1; SL 1995, ch 14, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.2. Uniform style for rules--Required contents.

The director shall prescribe a uniform style in which rules shall be prepared and the standard form to be used in filing rules pursuant to this chapter. Such form shall contain a provision for a reference to be made by the agency for each rule proposed by it, citing its general authority to promulgate rules and then refer to the section, subdivision, or subsection of statute which the rule is intended to implement, and direct the agency to identify prior rules amended or repealed.

Source: SDC 1939, § 65.0106, 2nd par; repealed SL 1966, ch 159, § 19; re-enacted SL 1972, ch 8, § 9; SL 1989, ch 16, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.3. Notice that rules do not conform--Redrafting and filing required.

The director may notify any agency whose rules are not in the proper style and form. A copy of this notice shall be filed with the secretary of state. One hundred eighty days after an agency receives such notification, the rules of that agency shall be of no further force and effect unless redrafted in the prescribed style and form and filed with the secretary of state and the director.

Source: SL 1972, ch 8, § 9; SL 1989, ch 16, § 9; SL 2009, ch 9, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-6.4

1-26-6.4. Repealed by SL 1975, ch 16, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.5. Review by director--Notice to agency of need for change.

The director shall review each rule for compliance with the requirements for form, style, and clarity. The director shall review each rule for legality. The review for legality is a determination that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule. The director shall review the statement of reasons that the emergency procedure is necessary. If the director finds need for change, the director shall make the requirements known in writing to the agency prior to the hearing or within three days in the case of emergency rules.

Source: SL 1972, ch 8, § 11; SL 1973, ch 9, § 2; SL 1974, ch 16, § 6; SL 1975, ch 16, § 18; SL 1986, ch 20, § 7; SL 1989, ch 16, § 10; SL 1990, ch 20, § 2; SL 2009, ch 9, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.6. Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.

An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization which is not part of the state government and only when the publication is generally available to the public at a reasonable cost. A rule which incorporates material by reference shall describe the exact section or portion of the publication which is being incorporated. Immediately following a rule which incorporates published material by reference, other than material contained in the code of federal regulations, the federal register, the United States code or the United States statutes at large, the agency shall place a reference note which identifies the publication by its title, date of publication, or enactment and author, and which states where the publication may be obtained and its cost, if any. A statement shall be attached to the face of the publication which shall state the agency's name, the section number of the rule which incorporates the material within, and the date the rule was served pursuant to § 1-26-4 or 1-26-5 or filed pursuant to § 1-26-6.

Source: SL 1974, ch 16, § 11; SL 1975, ch 16, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.7. Procedure for amendment, suspension or repeal of rules.

Once a rule has been adopted, it may not be amended, repealed, or suspended except by compliance with § 1-26-4 or 1-26-5, and with § 1-26-6, even if it has not taken effect.

Source: SL 1975, ch 16, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.8. Rules unenforceable until properly adopted.

No agency rule may be enforced by the courts of this state until it has been adopted in conformance with the procedures set forth in this chapter.

Source: SL 1977, ch 13, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.9. Licensing board or commission fees--Criteria and limitation.

If a professional or occupational licensing board or commission is authorized in statute to establish fees by rule and no maximum fee limit is specified, the fees shall be reasonable and necessary to provide enough money to meet the budgetary needs of the licensing board or commission for such things as: per diem, travel expenses, office expense, salaries and benefits, utilities, supplies, testing, licensing, inspections, disciplinary actions, and legal fees. However, the total amount of increase in the fees imposed by a licensing board or commission may not exceed the previous year's budget by more than twenty percent.

Source: SL 1986, ch 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-6.10. Restriction of licensee's right or privilege to carry or possess pistol prohibited.

No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a pistol in contravention to authority being exercised in accordance with being licensed to carry a concealed pistol pursuant to chapter 23-7.

Source: SL 2006, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-7. Records retained--Copies--Public inspection of current rules.

Each agency shall keep the original records, documents, and instruments required by this chapter and shall make copies of all records, documents, and exhibits available to members of the Legislature upon request. The secretary of state shall keep a copy of the agency's current rules and the certificates pertaining thereto, which shall be open to public inspection.

Source: SDC 1939, §§ 55.1203, 65.0106; SL 1966, ch 159, § 4 (1); SL 1972, ch 8, § 12; SL 1974, ch 16, § 7; SL 1975, ch 16, § 20; SL 2009, ch 9, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-7.1. Agency's statement of reasons for adoption or rejection of rule.

Upon adoption of a rule or upon the rejection of a petition filed pursuant to § 1-26-13, an agency, if requested to do so in writing by an interested person either prior to adoption or rejection or within thirty days thereafter, shall issue a written concise statement of the principal reasons for and against the rule's adoption, incorporating therein its reasons for overruling the considerations urged against the rule's adoption or rejection. A copy of the statement shall be served on the members of the Interim Rules Review Committee and the director of the Legislative Research Council.

Source: SL 1966, ch 159, § 3; SDCL, § 1-26-4 (2); SL 1972, ch 8, § 5; SL 1975, ch 16, § 17; SL 1983, ch 5, § 2; SL 1997, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-8. Effective date of rules--Emergency rules.

Each rule is effective twenty days after filing with the secretary of state, except that:

(1) If a later date is required by statute or specified in the rule, the later date is the effective date;

(2) Subject to applicable constitutional or statutory provisions, an emergency rule is effective immediately upon filing with the secretary of state, or at a stated date less than twenty days later. No emergency rule may remain in effect for a period of longer than ninety days.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 4 (2); SL 1972, ch 8, § 13; SL 1975, ch 16, § 21; SL 1976, ch 15, § 5; SL 2009, ch 9, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-8.1. Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency.

If an act is passed by the Legislature which prohibits an agency from passing rules relating to a certain subject, any prior rule promulgated by that agency relating to that subject shall become void on the effective date of the act.

If a statute which authorizes an agency to pass a rule is repealed, or declared unconstitutional by the South Dakota or United States Supreme Court, any rule which was authorized by that statute is void unless there is another valid statute which also authorized the agency to pass that rule. If an agency's authority to adopt rules is transferred to another agency, and no provision is specified for the disposition of the first agency's rules in the legislation or executive order which made the transfer, the rules of the first agency shall be the rules of the second agency until they are amended or repealed.

Source: SL 1977, ch 13, § 10; SL 1983, ch 5, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-8.2. Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.

After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency must grant or deny the petition, with or without a hearing, within ten days of filing. If the petition is granted, the effective date of the rule may not be delayed more than ninety days. A copy of the petition and a statement of the agency justifying the granting of the petition shall be sent to the chairman of the Interim Rules Review Committee at the time the decision is made. A copy of the statement granting the petition shall be filed with the secretary of state at the time the decision is made.

The effective date of a rule may be delayed only once, and an agency may repeal the rule during the period of the delay.

Source: SL 1979, ch 8, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-8.3. Retroactive effect of rule--Burden of proving authority or necessity.

If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law.

Source: SL 1985, ch 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-9

1-26-9. Transferred to § 1-26A-1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-10

1-26-10. Repealed by SL 1972, ch 8, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-11. Pamphlet publication of rules--Supervision.

Each agency promulgating professional or regulatory examining and licensing rules or other rules under this chapter may cause the same, or any portion thereof, to be published in pamphlet form, subject to the supervision of the director regarding style and form and such other limitations of certification.

Source: SL 1972, ch 8, § 15; SL 1989, ch 16, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-12. Distribution and sale of publications and copies of rules.

Publications and copies of rules authorized under or required by this chapter shall upon request be made available to agencies and officials of this state free of charge and to other persons at prices fixed by the Interim Rules Review Committee to cover mailing and publication costs. An agency may not charge the public for copies of notices or intentions to pass rules required by § 1-26-4.1. The provisions of § 1-8-10 except as to certification do not apply to copies of publications distributed by the secretary of state under this chapter.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 5 (4); SL 1972, ch 8, § 16; SL 1977, ch 13, § 9; SL 1983, ch 5, § 4; SL 1984, ch 10, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-12.1. List of rules and organizational statements.

To assist interested persons dealing with it, each agency which has adopted rules shall make available, either electronically or through paper copy, a list of the agency's rules and a descriptive statement of its central and field organization. This information includes the locations of persons and places from which the public can secure information, make submittals or requests, or obtain decisions.

Source: SL 1972, ch 8, § 17; SL 1975, ch 16, § 23; SL 2009, ch 9, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-13. Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.

An interested person, other than an inmate as defined in § 1-15-20.1, may petition an agency requesting the promulgation, amendment, or repeal of a rule. The petition shall contain the text or substance of any new rule or amendment sought, the identification of any rule sought to be repealed, reasons for the proposal, and the name and address of the petitioner. Within thirty days after submission of a petition, the agency either shall deny the petition in writing (stating its reasons for the denials) or shall initiate rule-making proceedings in accordance with § 1-26-4. The agency shall serve a copy of any petitions and denials on the members of the Interim Rules Review Committee and the director of the Legislative Research Council.

Source: SL 1966, ch 159, § 6; SL 1972, ch 8, § 18; SL 1975, ch 16, § 24; SL 1997, ch 12, § 2; SL 1999, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-13.1. Service complete when deposited in mail.

Notwithstanding § 15-6-6(e), any service required by §§ 1-26-1 to 1-26-13, inclusive, shall, when performed by mail, be complete when the material to be served is deposited with the United States postal service.

Source: SL 1977, ch 13, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-14. Declaratory judgment on rules.

The validity or applicability of a rule may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Source: SL 1966, ch 159, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-15. Declaratory rulings by agencies.

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency. No inmate as defined in § 1-15-20.1 may petition an agency for a declaratory ruling on the applicability of statutory provisions, rules, or orders of the agency. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases. A copy of all such rulings shall be filed with the director for publication in the Administrative Rules of South Dakota.

Source: SL 1966, ch 159, § 8; SL 1979, ch 8, § 3; SL 1989, ch 16, § 12; SL 1990, ch 20, § 3; SL 1993, ch 19, § 8; SL 1995, ch 8, § 13; SL 1999, ch 6, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-16. Notice and hearing required in contested cases.

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

Source: SL 1966, ch 159, § 9 (1).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-16.1

1-26-16.1. Repealed by SL 1983, ch 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-17. Contents of notice in contested cases.

The notice shall include:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished;

(5) A statement of any action authorized by law, which may affect the parties, as a result of any decision made at the hearing, whether it be the revocation of a license, the assessment of a fine or other effect;

(6) A statement that the hearing is an adversary proceeding and that a party has the right at the hearing, to be present, to be represented by a lawyer, and that these and other due process rights will be forfeited if they are not exercised at the hearing;

(7) Except in contested cases before the Public Utilities Commission, a statement that if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request to the agency no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17;

(8) A statement that the decision based on the hearing may be appealed to the circuit court and the State Supreme Court as provided by law.

Source: SL 1966, ch 159, § 9 (2); SL 1978, ch 14, § 1; SL 2003, ch 18, § 3; SL 2007, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-17.1. Intervention in contested case by person with pecuniary interests.

A person who is not an original party to a contested case and whose pecuniary interests would be directly and immediately affected by an agency's order made upon the hearing may become a party to the hearing by intervention, if timely application therefor is made.

Source: SL 1978, ch 13, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-18. Rights of parties at hearings on contested cases--Summary disposition of certain cases.

Opportunity shall be afforded all parties to respond and present evidence on issues of fact and argument on issues of law or policy. However, each agency, upon the motion of any party, may dispose of any defense or claim:

(1) If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or

(2) At the close of the evidence offered by the proponent of the defense or claim if it determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim.

A party to a contested case proceeding may appear in person or by counsel, or both, may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence in the party's behalf.

Source: SL 1966, ch 159, § 9 (3); SL 1972, ch 8, § 19; SL 1978, ch 13, § 6; SL 2002, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-18.1

1-26-18.1, 1-26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-18.3. Request to use Office of Hearing Examiners in certain contested cases.

In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17. This section does not apply to any contested case before the Public Utilities Commission.

Source: SL 1995, ch 8, § 18; SL 2003, ch 18, § 1; SL 2007, ch 7, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-19. Rules of evidence in contested cases.

In contested cases:

(1) Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not otherwise admissible thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) A party may conduct cross-examinations required for a full and true disclosure of the facts;

(3) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the agency.

Source: SL 1966, ch 159, § 10; SL 1972, ch 8, § 20; SL 1985, ch 15, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-19.1. Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.

Each agency and the officers thereof charged with the duty to administer the laws of this state and rules of the agency shall have power to administer oaths as provided by chapter 18-3 and to subpoena witnesses to appear and give testimony and to produce records, books, papers and documents relating to any matters in contested cases and likewise issue subpoenas for such purposes for persons interested therein as provided by § 15-6-45. Unless otherwise provided by law fees for witnesses shall be as set forth in chapter 19-5 and be paid by the agency or party for whom the witness is subpoenaed.

Failure of a person to obey the subpoena issued pursuant to this chapter may be punished as a contempt of court in the manner provided by chapter 21-34.

Source: SL 1972, ch 8, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-19.2. Depositions of witnesses.

Each agency and the officers thereof charged with the duty to administer the laws and rules of the agency shall have power to cause the deposition of witnesses residing within or without the state or absent therefrom to be taken or other discovery procedure to be conducted upon notice to the interested person, if any, in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in circuit court in any matter concerning contested cases.

Source: SL 1972, ch 8, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-20. Agreed disposition of contested cases.

Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

Source: SL 1966, ch 159, § 9 (4).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-21. Contents of record in contested cases.

The record in a contested case shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence received and considered;

(3) A statement of matters officially noticed which have been refuted;

(4) Questions and offers of proof, objections, and rulings thereon;

(5) Proposed findings and exceptions;

(6) Any decision, opinion, or report by the officer presiding at the hearing;

(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.

Source: SL 1966, ch 159, § 9 (5); SL 1972, ch 8, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-22. Transcript in contested cases--Minutes in lieu of transcript.

Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings and testimony shall be kept by the agency. Unless otherwise provided by law the agency shall not be required to transcribe the record unless the requesting party tenders and pays the reasonable cost thereof. If transcribed, a copy of the record shall be furnished to any other party to the hearing at the request and expense of such other party. If no verbatim record is transcribed, the agency shall prepare minutes of the hearing. The minutes shall consist of a written summary of the evidence and proceedings.

Source: SL 1966, ch 159, § 9 (6); SL 1972, ch 8, § 24; SL 1978, ch 13, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-23. Basis for findings in contested cases.

Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

Source: SL 1966, ch 159, § 9 (7).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-24. Tentative or proposed decision served on parties--Contents--Waiver.

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a tentative or proposed decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The tentative or proposed decision shall contain a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.

Source: SL 1966, ch 159, § 11; SL 1972, ch 8, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-25. Form, contents and notice of decisions, orders and findings.

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. It may affirm, modify, or nullify action previously taken or may direct the taking of new action within the scope of the notice of hearing. It shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.

Source: SL 1966, ch 159, § 12; SL 1978, ch 13, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-26. Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.

Unless required for the disposition of ex parte matters authorized by law, members of the governing board or officers or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or the party's representative, except upon notice and opportunity for all parties to participate. If one or more members of a board or commission or a member or employee of an agency, who is assigned to render a decision in a contested case, took part in an investigation upon which the contested case is based, the member or employee may not participate in the conduct of the hearing nor take part in rendering the decision on the contested case. However, the member or employee may appear as a witness and give advice as to procedure. If, because of the disqualification, there is no person assigned to conduct the hearing or render the decision, the agency shall appoint a person to fulfill those duties. A person assigned to render a decision:

(1) May communicate with other members of the agency; and

(2) May have the aid and advice of one or more personal assistants.

Source: SL 1966, ch 159, § 13; SL 1974, ch 16, § 9; SL 1975, ch 17, § 10; SL 2015, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-27. License proceeding treated as contested case.

When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, or an applicant, a party or an agency requests a hearing, the provisions of this chapter concerning contested cases apply.

Source: SL 1966, ch 159, § 14 (1); SL 1973, ch 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-28. Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.

If a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any activity of a continuing nature, the existing license, or a right to continue the activity, does not expire until the application has been finally determined by the agency and for ten days following receipt, or failure to accept delivery, of notice of such determination by the licensee.

Source: SL 1966, ch 159, § 14 (2); SL 1988, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-29. Notice and hearing required for revocation or suspension of license--Emergency suspension.

No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

Source: SL 1966, ch 159, § 14 (3).

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-29.1. Costs of disciplinary hearing.

After conducting a contested case proceeding that results in discipline or censure of a licensee, suspension or revocation of a licensee's license, or denial of a license to an applicant, a professional or occupational board or commission established pursuant to Title 36 may assess all or part of its actual expenses for the proceeding against the licensee or applicant.

Source: SL 1993, ch 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30. Right to judicial review of contested cases--Preliminary agency actions.

A person who has exhausted all administrative remedies available within any agency or a party who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. If a rehearing is authorized by law or administrative rule, failure to request a rehearing will not be considered a failure to exhaust all administrative remedies and will not prevent an otherwise final decision from becoming final for purposes of such judicial review. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, or relief, when provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.

Source: SL 1966, ch 159, § 15 (1); SL 1972, ch 8, § 26; SL 1977, ch 13, § 12; SL 1978, ch 13, § 9; SL 1978, ch 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30.1. Right of appeal when agency fails to act in contested case.

The failure of any agency to make and file a decision within a period of thirty days after any matter has been finally submitted to it, entitles a person authorized to appeal from the record then existing as if the decision had been made adversely to him in whole or in part, unless within such time the agency shall make and serve upon all the parties to the record, an order extending such time for an additional period of not to exceed sixty days, which order shall state the grounds or reasons why such extension is necessary. At the expiration of the thirty days or the time to which extended by such order, such person may present to the agency a proposed decision, and if the same is not adopted within five days after presentation for filing, such person may appeal the same as if such proposed decision had been denied. This section does not apply to contested cases determined by the Public Utilities Commission.

Source: SDC 1939 & Supp 1960, § 33.4202; SDCL, § 21-33-2; SL 1972, ch 8, § 27; SL 1975, ch 17, § 2; SL 1986, ch 27, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30.2. Appeal from final action in contested case.

An appeal shall be allowed in the circuit court to any party in a contested case from a final decision, ruling, or action of an agency.

Source: SL 1975, ch 17, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30.3. Conduct of appeals.

Notwithstanding any other provision of law, all appeals authorized by § 1-26-30.1 or 1-26-30.2 shall be taken and conducted pursuant to the provisions of this chapter.

Source: SL 1975, ch 17, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30.4. Scope of sections on appeals to circuit courts.

The sections of this chapter on appeals to circuit courts shall govern civil appeals to the circuit courts of South Dakota from final decisions, rulings, or actions of agencies pursuant to chapter 1-26.

Source: Supreme Court Rule 82-35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-30.5. Suspension of sections on appeals to circuit courts.

In the interest of expediting decisions in cases of pressing concern to the public or to litigants, or for good cause shown, the circuit court may suspend the requirement or provisions of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction.

Source: Supreme Court Rule 82-35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-31. Notice of appeal--Time for service and filing.

An appeal shall be taken by serving a copy of a notice of appeal upon the adverse party, upon the agency, and upon the hearing examiner, if any, who rendered the decision, and by filing the original with proof of such service in the office of the clerk of courts of the county in which the venue of the appeal is set, within thirty days after the agency served notice of the final decision or, if a rehearing is authorized by law and is requested, within thirty days after notice has been served of the decision thereon. Failure to serve notice of the appeal upon the hearing examiner does not constitute a jurisdictional bar to the appeal.

Source: SDC 1939 & Supp 1960, § 33.4208; SL 1966, ch 159, § 15(2); SDCL, § 21-33-5; SL 1972, ch 8, §§ 28, 32; SL 1974, ch 16, § 10; SL 1975, ch 17, § 3; SL 1979, ch 8, § 4; SL 1999, ch 7, § 1; SL 2004, ch 23, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-31.1. Venue of appeal--Appeals from single action.

The venue of the appeal is as follows:

(1) If the appellant is a resident of this state, to the circuit court for the county of the appellant's residence or to the circuit court for Hughes County, as the appellant may elect;

(2) If the appellant is a nonresident or a foreign corporation, to the circuit court for the county of appellant's principal place of business in South Dakota or to the circuit court for Hughes County, as the appellant may elect;

(3) If the appellant is committed to a mental health facility, to the circuit court for the county in which the mental health facility is located;

(4) The parties may stipulate for venue in any county in the state, and the circuit court for that county shall hear the appeal; and

(5) For an appeal from a final decision, ruling, or action rendered by an administrative appeals process adopted by a home-rule municipality, the appellant must appeal to the circuit court in which the home-rule municipality is located.

Appeals from a single administrative action may not proceed in more than one county. If multiple appeals of a single action are filed in more than one county, the appeals must be consolidated and heard in the county in which the appeal is first filed. If more than one appeal is first filed on the same date and a stipulation among the parties as to venue cannot be reached, the venue of the appeal is in the circuit court for Hughes County.

Source: SDC 1939 & Supp 1960, § 33.4207; SDCL § 21-33-7; SL 1975, ch 17, § 5; SL 1983, ch 8, § 1; SL 2004, ch 24, § 1; SL 2012, ch 7, § 2; SL 2024, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-31.2. Contents of notice of appeal.

The notice of appeal shall contain the names of the parties and the county to which the appeal is taken; it shall designate in plain and concise language the order or decision from which the appeal is taken; and it shall be dated and signed by the appellant or his attorney.

Source: SDC 1939 & Supp 1960, § 33.4209; SDCL, § 21-33-6; SL 1975, ch 17, § 4; SL 1977, ch 13, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-31.3. Change of venue.

The circuit court to which the appeal is first taken may, upon good cause shown and upon such terms or provisions for expense as it may deem reasonable in favor of any party objecting, and on application and notice within thirty days after the appeal is taken, change the venue to the circuit court for any other county.

Source: SDC 1939 & Supp 1960, § 33.4207; SDCL, § 21-33-8; SL 1975, ch 17, § 6; SL 1999, ch 8, § 1; SL 2000, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-31.4. Contested cases--Statement of issues on appeal.

Within ten days after the filing of the notice of appeal as required by § 1-26-31, the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on appeal and shall serve on the other parties a copy of that statement. If any other appellant wishes to raise additional issues on appeal, the other appellant shall file a statement of additional issues on appeal within ten days after service of the appellant's statement.

Source: Supreme Court Rule 82-35; SL 2008, ch 280 (Supreme Court Rule 07-01), eff. Jan. 1, 2008; SL 2019, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-32. When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.

Any agency decision in a contested case is effective ten days after the date of receipt or failure to accept delivery of the decision by the parties. An application to the circuit court for a stay of the agency's decision may be made only within ten days of the date of receipt or failure to accept delivery of the agency's decision. Upon receiving a timely application for a stay and notice of hearing thereon, the court may enter a temporary stay pending a hearing on the application. Following a hearing, the court may order a further stay, pending final decision of the court. The court, as a condition to granting a stay, may require the appellant to furnish a bond or other such security or order supervision as the court may direct to indemnify or protect the state or agency or any person from loss, damage, or costs which may occur during the stay. This section does not apply to determinations of benefits made by the Department of Labor and Regulation pursuant to Title 61.

Source: SDC 1939 & Supp 1960, § 33.4215; SL 1966, ch 159, § 15 (3); SDCL § 21-33-10; SL 1972, ch 8, § 33; SL 1975, ch 17, § 7; SL 1988, ch 14, § 2; SL 1999, ch 7, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-32.1. Procedural rules applied.

The sections of Title 15 relating to practice and procedure in the circuit courts shall apply to procedure for taking and conducting appeals under this chapter so far as the same may be consistent and applicable, and unless a different provision is specifically made by this chapter or by the statute allowing such appeal.

Source: SDC 1939 & Supp 1960, § 33.4204; SDCL, § 21-33-13; SL 1975, ch 17, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-32.2. Request for transcript--Waiver by failure to request.

Within ten days after the filing of the notice of appeal, the appellant shall order from the agency or reporter, if present, a written transcript of the proceedings or such parts thereof as he deems necessary of the contested case hearing. The order shall be in writing and a copy thereof shall be served on all parties to the action and a copy shall be filed with the clerk of the circuit court. Failure to order a transcript within the ten-day period shall constitute a waiver of the right to such a transcript.

If the appellee deems a transcript of other parts of the proceedings necessary, he shall, within ten days after the service of the appellant's request or statement of issues, file with the clerk of the circuit court and serve upon the appellant a request for a transcript of additional parts to be included in the transcript of the contested case hearing. Failure to order such additional parts of the transcript shall constitute a waiver of the right to such additional parts of the transcript.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-1A.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-32.3. Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.

At the time of ordering a transcript of the contested case hearing a party, other than an agency, must make satisfactory arrangements with the agency or reporter, if present, for the payment of the costs of the transcript and all necessary copies. The agency or reporter shall acknowledge at the foot of the order receipt of the request for the transcript and transmit the order to the clerk of the circuit court. If the transcript cannot be completed within thirty days, the agency or reporter shall request an extension of time from the circuit court judge assigned to the appeal and the action of the circuit court judge shall be entered on the record and the parties notified.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-32.4. Form of transcript--Number of copies--Certification.

The original transcript of the contested case hearing will be filed with the clerk of the circuit court and copies transmitted to the attorney for each party to the appeal separately represented and directly to any parties not represented. The agency will make duplicate copies of items specified in § 1-26-21 that are requested and shall transmit copies to the attorney for each party to the appeal separately represented and directly to any parties not represented. In the event that more than three copies of the transcript and other items as specified in § 1-26-21 are necessary to comply with the foregoing requirement, the appellant may make application, upon notice, to the circuit court for an order determining the number of copies to be served and the time of use by the parties. Copies of the transcript and items specified in § 1-26-21 may be reproduced by any duplicating or copying process which produces a clear black image on white paper, if a typewritten transcript is prepared. The reporter or agency shall certify the correctness of the original and all copies of the transcript. The agency or reporter shall notify the clerk of the circuit court in writing that the original transcript has been filed and copies transmitted.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-33. Record transmitted to circuit court--Limitation of record--Corrections and additions.

Within thirty days after the service of the notice of appeal, or within further time allowed by the court, the agency shall transmit to the reviewing court the electronic copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

It shall be the duty of the agency to assemble and consecutively number the pages of all documents, papers, and exhibits filed with the agency, including any opinions and decisions which the agency may have filed or authorized for filing. The agency shall then prepare and attach an alphabetical and chronological index to the electronic record and shall serve a copy of such index on all parties to the review proceedings at the time the record is submitted to the reviewing court. If any portions of the record are not legible or are altered when converted to an electronic image they must be provided in hardcopy format.

Source: SL 1966, ch 159, § 15 (4); SL 1977, ch 13, § 14; SL 1987, ch 396 (Supreme Court Rule 86-36); SL 2018, ch 293 (Supreme Court Rule 18-02), eff. July 1, 2018.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-33.1

1-26-33.1. Transferred to § 1-26-33.6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-33.2. Time for serving briefs.

Unless otherwise ordered by the circuit court, the appellant shall serve a brief within thirty days after the delivery of the transcript of the contested case hearing to counsel for the parties or to the parties if unrepresented by counsel or within thirty days after the agency record is transmitted to the circuit court pursuant to § 1-26-33, whichever event occurs later. The appellee shall serve a brief within thirty days after the service of the brief of appellant, or in the case of multiple appellants, within thirty days after service of the last appellant's brief. The appellant may serve a reply brief within ten days after service of appellee's brief, or in the case of multiple appellees, within ten days after service of the last appellee's brief.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-4; SL 1999, ch 7, § 3; SL 2023, ch 212 (Supreme Court Rule 22-11), eff. Jan. 1, 2023.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-33.3. Brief of appellant--Contents.

The brief of the appellant shall contain under appropriate headings in the order here indicated:

(1) A jurisdictional statement setting forth the date and the form of the agency decision, ruling or action sought to be reviewed and the date when the notice of appeal was filed with the circuit court.

(2) A concise statement of the legal issue or issues involved omitting unnecessary detail. Each issue shall be stated as an appellate court would state the broad issue presented. Each issue shall be followed by concise statement of how the agency decided it. Any issue not presented in the brief is deemed waived.

(3) A statement of the case and facts. A statement of the case shall first be presented identifying the agency and indicating briefly the nature of the case and its disposition by the agency. There shall follow a statement of facts relevant to the grounds urged for reversal, modification or other relief.

(4) An argument. The argument shall contain the contentions of the party with respect to the issues presented, the reasons therefor, and the citations to the authorities relied on. Each issue shall be separately presented. Needless repetition shall be avoided.

(5) A short conclusion stating the precise relief sought.

(6) Appendix, if any. Such appendix may include the decision, ruling, or action in question and any regulations or any relevant parts to which the parties wish to direct the particular attention of the circuit court.

(7) Request for oral argument, if desired.

Source: Supreme Court Rule 82-35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-33.4. Brief of appellee--Contents.

The brief of the appellee shall conform to the same requirements as the brief of the appellant, except that the jurisdictional statement, statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statements made by the appellant. If a notice of review is filed, the appellee's brief shall contain the issues specified in the notice of review and the argument thereon as well as the answer to the brief of the appellant.

Source: Supreme Court Rule 82-35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-33.5

1-26-33.5. Repealed by SL 1996, ch 158, § 44.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-33.6. Speedy hearing and determination.

Upon the filing of the record and other papers in the office of the clerk of the circuit court, it shall be the duty of such court when its attention is called to the matter by the parties, or one of them, immediately to fix a date for hearing, and said cause shall be speedily heard and determined.

Source: SDC 1939 & Supp 1960, § 33.4212; SDCL, § 21-33-15; SL 1972, ch 8, § 34; SDCL Supp 1-26-33.1; SL 1975, ch 17, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-34. Circuit court may order agency to take additional evidence.

If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

Source: SL 1966, ch 159, § 15(5); SL 1987, ch 29, § 62.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-35. Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.

The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, may hear oral argument.

Source: SL 1966, ch 159, § 15 (6); SL 1977, ch 13, § 15; SL 1978, ch 16; SL 1996, ch 158, § 45.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-36. Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.

The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in light of the entire evidence in the record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

A court shall enter its own findings of fact and conclusions of law or may affirm the findings and conclusions entered by the agency as part of its judgment. The circuit court may award costs in the amount and manner specified in chapter 15-17.

Source: SL 1966, ch 159, § 15 (7); SL 1972, ch 8, § 29; SL 1977, ch 13, § 16; SL 1978, ch 13, § 10; SL 1978, ch 17; SL 1983, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-36.1. Appellee's right to obtain review.

An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issues on appeal is filed pursuant to § 1-26-31.4, the notice of review required by this section must be filed within twenty days after the latest statement of additional issues on appeal is filed. The clerk of the circuit court shall not accept for filing such notice of review unless accompanied by proof of service of such notice on all other parties. The notice of review shall specify the decision, ruling, or action of the agency to be reviewed.

Source: Supreme Court Rule 82-35; SL 2019, ch 4, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-37. Appeal to Supreme Court.

An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusions of law, and final judgment of the circuit court as it does to other appeals from the circuit court. Such appeal may not be considered de novo.

Source: SL 1966, ch 159, § 16; SL 1972, ch 8, § 30; SL 1983, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-38. Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.

The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:

(1) Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;

(2) Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;

(3) File an appropriate resolution of such action with the secretary of state.

The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period.

Source: SL 1966, ch 159, § 17; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 19; SL 1978, ch 13, § 11; SL 2003, ch 17, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-38.1. Amendment as provisional--Subject to suspension--Effect.

If an agency amends an existing rule, the amendment becomes provisionally effective and subject to § 1-26-38. The effect of suspending a provisionally effective amendment is to return the rule to its form prior to the amendment.

Source: SL 1980, ch 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26-39

1-26-39. Repealed by SL 1972, ch 8, § 36.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-40. Severability of provisions.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and for this purpose the provisions of this chapter are severable.

Source: SL 1966, ch 159, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26-41. Citation of chapter.

This chapter may be cited as the South Dakota Administrative Procedures Act.

Source: SL 1977, ch 13, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-26A

PUBLICATION OF ADMINISTRATIVE RULES

1-26A-1 Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.

1-26A-1.1 Repealed by SL 2012, ch 8, §§ 7 to 19.

1-26A-2 Official rules of all executive agencies.

1-26A-3 Time limit for challenging rule on procedural grounds.

1-26A-4 Repealed by SL 2012, ch 8, §§ 20, 21.

1-26A-6 Secretary of state to keep copy of rules--Certified copies.

1-26A-7 Official name--Citation.

1-26A-8 Distribution of publications to agencies, officials, and others.

1-26A-9 References to Administrative Rules.

1-26A-10 Definitions applicable to rules.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-1. Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.

The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.

The Legislative Research Council shall prepare the manuscripts for the rules and the register and supervise their publication.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 5 (1); SDCL § 1-26-9; SL 1972, ch 8, § 14; SL 1974, ch 16, § 8; SL 1975, ch 16, § 22; SL 1984, ch 9, § 2; SL 1989, ch 16, §§ 13, 15; SL 2012, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-1.1 to 1-26A-1.13. Repealed by SL 2012, ch 8, §§ 7 to 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-2. Official rules of all executive agencies.

The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of § 1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agencies.

Source: SL 1975, ch 16, § 1; SL 1981, ch 9, § 1; SL 1982, ch 28, § 1; SL 2012, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-3. Time limit for challenging rule on procedural grounds.

Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.

Source: SL 1975, ch 16, § 2; SL 2012, ch 8, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-4, 1-26A-5. Repealed by SL 2012, ch 8, §§ 20, 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-6. Secretary of state to keep copy of rules--Certified copies.

The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2, from which to make certified copies.

Source: SL 1975, ch 16, § 5; SL 1981, ch 9, § 3; SL 2012, ch 8, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-7. Official name--Citation.

The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as ARSD followed by the appropriate number of the title, article, chapter, or section, and then the year of publication in parentheses where relevant.

Source: SL 1975, ch 16, § 6; SL 2012, ch 8, § 5; SL 2024, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-8. Distribution of publications to agencies, officials, and others.

Publications authorized under this chapter shall upon request be distributed by the Bureau of Human Resources and Administration to state agencies and elected state officials of this state free of charge and to other persons at prices fixed by the director to cover mailing and publication costs.

Source: SL 1976, ch 17, § 1; SL 1977, ch 24, § 1; SL 1991, ch 24, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-9. References to Administrative Rules.

Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2.

Source: SL 1981, ch 9, § 4; SL 2012, ch 8, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26A-10. Definitions applicable to rules.

The definitions in § 2-14-2 also apply to the Administrative Rules of South Dakota, unless the context of the defined word plainly requires a different meaning.

Source: SL 1983, ch 13, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26B TERMINATION AND LEGISLATIVE REVIEW OF ADMINISTRATIVE RULES

CHAPTER 1-26B

TERMINATION AND LEGISLATIVE REVIEW OF ADMINISTRATIVE RULES

1-26B-1      Definition of terms.
1-26B-2      Designation of agency for review and evaluation of rules and rule-making authority.
1-26B-3      Repealed.
1-26B-4      Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.
1-26B-5      Hearings during sunset procedure.
1-26B-6      Burden of proof as to agency proposals--Information furnished by agencies.
1-26B-7      Factors considered by committees in reviewing agency rules.
1-26B-8      Information furnished by Department of Legislative Audit.
1-26B-9      Committee reports.
1-26B-10      Bills containing committee recommendations as to rules changes--Bills defining authority.
1-26B-11      Repealed.
1-26B-12      Pending causes of action unaffected by termination of rules.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-1. Definition of terms.

Terms as used in this chapter mean:

(1) "Agency," all divisions, offices, bureaus, commissions, councils, and boards, or like government units or subunits of the departments;

(2) "Committee," the Interim Rules Review Committee;

(3) "Termination," abolishment of the rules of any agency or the act of causing their existence to cease.

Source: SL 1978, ch 18, § 1; SL 1989, ch 18, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-2. Designation of agency for review and evaluation of rules and rule-making authority.

The Interim Rules Review Committee may, with the approval of the Executive Board of the Legislative Research Council, designate any agency for a comprehensive review and evaluation of the agency's rules and rule-making authority pursuant to the provisions of this chapter and such other conditions as the board may provide.

Source: SL 1978, ch 18, § 2; SL 1985, ch 14, § 1; SL 1989, ch 18, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26B-3

1-26B-3. Repealed by SL 1989, ch 18, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-4. Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.

Each agency designated by the committee shall deliver to the members of the interim committee a proposed revision of all its rules, with an overview of changes proposed, at a date specified by the committee. Further, such agency shall designate the specific areas in which rule-making authority is necessary. The committee shall give at least ninety days notice to an agency before a review may begin.

Source: SL 1978, ch 18, § 4; SL 1979, ch 9, § 1; SL 1989, ch 18, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-5. Hearings during sunset procedure.

The committee may hold public hearings and receive testimony from the public and all interested parties during any sunset procedure.

Source: SL 1978, ch 18, § 5; SL 1989, ch 18, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-6. Burden of proof as to agency proposals--Information furnished by agencies.

All agencies shall have the burden of establishing that sufficient public need is present which justifies the continued existence of their proposed revision of their rules. All agencies shall provide the committee with the following information:

(1) The identity of all agencies under the direct or advisory control of the agency under review, together with their proposed revision of their rules;

(2) All functions performed by the rules of the agency under review;

(3) All duplicatory functions of the rules of the agency under review;

(4) Any other information which a committee determines necessary and proper in carrying out their review and evaluative duties.

Source: SL 1978, ch 18, § 6; SL 1989, ch 18, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-7. Factors considered by committees in reviewing agency rules.

To determine the existence of a sufficient public need for continuance of an agency's rules, the committee shall take into consideration the following factors concerning the rules of the agency under review and evaluation:

(1) The extent to which any information required to be furnished to the committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from such information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the rule-making authority of the agency, or is inconsistent with present or projected public demands or needs;

(2) The extent to which operation has been efficient and responsive to the public needs;

(3) The extent to which it has been encouraged that persons regulated report to the agency concerning the impact of rules and decisions regarding improved services, economy of service, or availability of service to the public;

(4) The extent to which the public has been encouraged to participate in rule- and decision-making as opposed to participation solely by persons regulated;

(5) Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the rules and regulations of the agency.

Source: SL 1978, ch 18, § 7; SL 1989, ch 18, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-8. Information furnished by Department of Legislative Audit.

The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of any agency under review.

Source: SL 1978, ch 18, § 8; SL 1989, ch 18, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-9. Committee reports.

The committee shall submit reports recommending either the continuation, revision, or termination of the rules of each agency reviewed to the Executive Board of the Legislative Research Council.

Source: SL 1978, ch 18, § 9; SL 1989, ch 18, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-10. Bills containing committee recommendations as to rules changes--Bills defining authority.

The committee shall submit its recommendations concerning those that it believes should be continued to the Legislature in one or more bills so that the Legislature may vote to either reestablish, amend or terminate the rules of the agency under review and evaluation. If it is determined that the rule-making authority of the agency should be reestablished, the committee shall submit one or more bills defining the rule-making authority of the agency under review and evaluation.

Source: SL 1978, ch 18, § 10; SL 1979, ch 9, § 2; SL 1989, ch 18, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26B-11

1-26B-11. Repealed by SL 1980, ch 19, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26B-12. Pending causes of action unaffected by termination of rules.

This chapter does not affect the right to institute or prosecute any cause of action by or against an agency if the cause of action accrued prior to the termination date of the rules of the agency. Any causes of action pending on the date that the rules of an agency are terminated, or instituted thereafter, shall be prosecuted or defended in the name of the state by the attorney general.

Source: SL 1978, ch 18, § 12; SL 1989, ch 18, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26C OFFICE OF ADMINISTRATIVE HEARINGS [REPEALED]

CHAPTER 1-26C

OFFICE OF ADMINISTRATIVE HEARINGS [REPEALED]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26C-1

1-26C-1 to 1-26C-25. Repealed by SL 1995, ch 8, § 1

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26D OFFICE OF HEARING EXAMINERS

CHAPTER 1-26D

OFFICE OF HEARING EXAMINERS

1-26D-1      Creation of Office of Hearing Examiners.
1-26D-2      Appointment of chief hearing examiner.
1-26D-3      Appointment of hearing examiners.
1-26D-4      Powers of hearing examiners.
1-26D-5      Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.
1-26D-6      Proposed findings, conclusions, and decision--Agency action--Appeal.
1-26D-7      Rules on finality of decision--Notice.
1-26D-8      Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.
1-26D-9      Final decision--Remand.
1-26D-10      Request for appointment of another hearing examiner in contested cases.
1-26D-11      Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.
1-26D-12      Validity of prior rules, actions, decisions or proceedings unaffected

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-1. Creation of Office of Hearing Examiners.

The State Office of Hearing Examiners is hereby created and is attached to the Bureau of Human Resources and Administration for reporting and budgetary purposes. The office shall conduct hearings with the greatest degree of informality consistent with fairness and the nature of the proceeding before it. In those instances where a more formal proceeding is required, the hearing examiner may apply hearing procedures as set forth in the South Dakota Rules of Civil Procedure chapter 15-6.

Source: SL 1995, ch 8, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-2. Appointment of chief hearing examiner.

The Governor shall appoint a chief hearing examiner. The person appointed shall, as a condition of appointment, be admitted to practice law in the State of South Dakota.

Source: SL 1995, ch 8, § 3

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-3. Appointment of hearing examiners.

The chief hearing examiner may appoint such other hearing examiners and other staff as are necessary to carry out the provisions of this chapter and may contract with qualified persons to serve as hearing examiners for specific cases.

Source: SL 1995, ch 8, § 4

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-4. Powers of hearing examiners.

Hearing examiners have all powers delineated in §§ 1-26-19.1 and 1-26-19.2 and shall hear all contested cases that arise under Titles 10 and 58 and chapter 1-27.

Source: SL 1995, ch 8, § 5; SL 2008, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-5. Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.

The chief hearing examiner shall adopt rules pursuant to chapter 1-26 for the operation of the Office of Hearing Examiners and for the procedures to be used with regard to hearing contested cases and may specifically adopt rules pertaining to the use of the Digital Dakota Network.

Source: SL 1995, ch 8, § 6; SL 2005, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-6. Proposed findings, conclusions, and decision--Agency action--Appeal.

The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The agency may accept, reject, or modify those findings, conclusions, and decisions, and an appeal may be taken therefrom pursuant to chapter 1-26.

Source: SL 1995, ch 8, § 7

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-7. Rules on finality of decision--Notice.

An agency may provide by rule that proposed decisions in all or in specified classes of cases before that agency, or by order in individual cases, will become final without further agency action unless, within a specified time, the agency determines that the proposed decision should be reviewed or a party to the proceeding files a petition for administrative review of the proposed order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.

Source: SL 1995, ch 8, § 9A

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-8. Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.

The reviewing agency shall personally consider the whole record or such portions of it as may be cited by the parties. If the reviewing agency rejects or modifies proposed findings or a proposed decision, it shall give reasons for doing so in writing. In reviewing proposed findings of fact entered by the presiding hearing examiner, the reviewing agency shall give due regard to the hearing examiner's opportunity to observe the witnesses.

Source: SL 1995, ch 8, § 9B

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-9. Final decision--Remand.

The reviewing agency shall enter a final decision disposing of the proceeding or shall remand the matter for further proceedings with instructions to the hearing examiner who entered the initial decision. Upon remanding a matter, the reviewing agency may order such temporary relief as is authorized and appropriate. A final decision shall include, or incorporate by reference to the initial decision, all matters required by § 1-26-25.

Source: SL 1995, ch 8, § 10

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-10. Request for appointment of another hearing examiner in contested cases.

Within ten days after written notification to the parties of the appointment of a hearing examiner in any contested case, any party to that contested case may file an affidavit requesting the appointment of another hearing examiner. The chief hearing examiner shall then appoint another hearing examiner to hear that contested case. Each party may file only one such affidavit in any contested case.

Source: SL 1995, ch 8, § 11; SL 1999, ch 9, § 1; SL 2003, ch 18, § 2

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-11. Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.

Any agency not covered by this chapter may contract with the Office of Hearing Examiners or any other person to conduct hearings on a case-by-case basis and the power to contract with the office is specifically granted. At the option of the contracting agency, the hearing examiner may exercise the powers granted in chapter 1-26 and in § 1-26D-6, or the hearing examiner may be hired and have the limited power to conduct the contested case, rule on procedural, evidentiary, and other motions raised by the parties, and provide legal assistance to the contracting agency. The Office of Hearing Examiners may bill the contracting agency for services rendered pursuant to such contracts.

Source: SL 1995, ch 8, § 12

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26D-12. Validity of prior rules, actions, decisions or proceedings unaffected.

The creation of the Office of Hearing Examiners does not affect the validity of any rule, action, decision, or proceedings held or promulgated by any agency before July 1, 1995.

Source: SL 1995, ch 8, § 16

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-26E LEGISLATIVE REVIEW OF STATE AGENCIES [REPEALED]

CHAPTER 1-26E

LEGISLATIVE REVIEW OF STATE AGENCIES [REPEALED]

1-26E-1 to 1-26E-8. Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-26E-1 to 1-26E-8. Repealed by SL 2012, ch 9, §§ 1 to 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-27

PUBLIC RECORDS AND FILES

1-27-1 Public records open to inspection and copying.

1-27-1.1 Public records defined.

1-27-1.2 Fees for specialized service.

1-27-1.3 Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.

1-27-1.4 Denial letters to be kept on file.

1-27-1.5 Certain records not open to inspection and copying.

1-27-1.6 Certain financial, commercial, and proprietary information exempt from disclosure.

1-27-1.7 Certain drafts, notes, and memoranda exempt from disclosure.

1-27-1.8 Certain records relevant to court actions exempt from disclosure.

1-27-1.9 Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.

1-27-1.10 Redaction of certain information.

1-27-1.11 Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.

1-27-1.12 Chapter inapplicable to Unified Judicial System.

1-27-1.13 Certain records not available to inmates.

1-27-1.14 Redaction of records in office of register of deeds not required.

1-27-1.15 Immunity for good faith denial or provision of record.

1-27-1.16 Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.

1-27-1.17 Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.

1-27-1.18 Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.

1-27-1.19 Public access to records of former Governors and lieutenant governors.

1-27-1.20 Exempt records to be opened upon death or ten years after leaving office.

1-27-1.21 Right of former Governor and lieutenant governor to approve or deny release of exempt records.

1-27-1.22 Agreement for transfer of records to suitable repository.

1-27-1.23 Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.

1-27-2 1-27-2. Repealed by SL 1977, ch 16, § 3

1-27-3 Records declared confidential or secret.

1-27-4 Format of open record.

1-27-4.1 Format of written contracts--Storage with records retention officer or designee--Duration.

1-27-4.2 Availability of contract through internet website or database.

1-27-5 1-27-5. Repealed by SL 1970, ch 10, § 1

1-27-6 1-27-6 to 1-27-8. Repealed by SL 2009, ch 10, §§ 11 to 13.

1-27-9 Records management programs--Definition of terms.

1-27-10 Records as property of state--Damage or disposal only as authorized by law.

1-27-11 Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.

1-27-11.1 Direction and supervision of board by Bureau of Human Resources and Administration--Independent functions retained.

1-27-12 State records management program to be established.

1-27-12.1 Records management internal service fund.

1-27-13 Records management procedures proposed by state agencies.

1-27-14 Obsolete records listed by state agencies.

1-27-14.1 Transfer of records by outgoing agency heads--Terminated agency records.

1-27-14.2 Transfer of jeopardized nonessential agency material to state archivist.

1-27-14.3 Title to transferred records pending formal transfer.

1-27-15 Destruction of nonrecord materials.

1-27-16 Rules, standards, and procedures.

1-27-17 Legislative and judicial records management programs.

1-27-18 Local records management programs.

1-27-19 Annual meeting to authorize destruction of political subdivision records--Record of disposition.

1-27-20 Common language used in public documents, records, and meetings--Official indigenous language.

1-27-21 Public document or record defined--Public meeting.

1-27-22 Application of English as common language requirement.

1-27-23 1-27-23. Repealed by SL 2016, ch 13, § 2.

1-27-24 Effect of common language requirement on state employment.

1-27-25 Common language requirements not applicable to private activities.

1-27-26 1-27-26. Repealed by SL 2016, ch 13, § 3.

1-27-27 Requesting information or data from a state agency.

1-27-28 Definition of terms.

1-27-29 Disclosure of information concerning private entity restricted.

1-27-30 Confidentiality of proprietary or trade information of private entity.

1-27-31 Circumstances allowing for disclosure of information concerning private entity.

1-27-32 Disclosure of confidential information as misdemeanor.

1-27-33 Specific public access or confidentiality provisions not superseded by chapter provisions.

1-27-34 Unified Judicial System and Public Utilities Commission exempt from certain records procedures.

1-27-35 Informal requests for disclosure of records--Costs of retrieval or reproduction.

1-27-36 Estimate of retrieval and reproduction cost--Waiver or reduction of fee.

1-27-37 Written request for disclosure of records.

1-27-38 Civil action or administrative review of denial of written request or estimate of fees.

1-27-39 Response to notice of review.

1-27-40 Findings and decision of Office of Hearing Examiners.

1-27-40.1 Time for compliance with decision or appeal.

1-27-40.2 Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.

1-27-41 Appeal.

1-27-42 Public record officer for the state, county, municipality, township, school district, special district, or other entity.

1-27-43 Form of notice of review--Office of Hearing Examiners' notice.

1-27-44 Restriction on internet use of social security numbers by state agencies and political subdivisions.

1-27-45 Searchable internet website for posting and access of public records and financial information.

1-27-46 Contracts to be displayed on searchable internet website.

1-27-47 Affordability of public access to electronic records database.

1-27-48 Documentation regarding information stored in electronic records system.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1. Public records open to inspection and copying.

Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.

Source: SDC 1939, § 48.0701; SL 1977, ch 16, § 2; SL 1982, ch 30, § 1; SL 1987, ch 24; SL 1991, ch 13; SL 1992, ch 10; SL 1994, ch 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2004, ch 17, § 2; SL 2009, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.1. Public records defined.

Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§ 1-27-1 to 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55.

Source: SL 2009, ch 10, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.2. Fees for specialized service.

If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.

No fee may be charged for the electronic transfer of any minutes of open meeting actions of a political subdivision, board or agency of a political subdivision, or the governing board of an agency that levies property taxes that were recorded in the last three years.

Source: SL 2009, ch 10, § 3; SL 2012, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.3. Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.

The provisions of §§ 1-27-1 to 1-27-1.15, inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure.

Source: SL 2009, ch 10, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.4. Denial letters to be kept on file.

Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.

Source: SL 2009, ch 10, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.5. Certain records not open to inspection and copying.

The following records are not subject to §§ 1-27-1, 1-27-1.1, 1-27-1.3, and § 1-27-1.23:

(1) Personal information in records regarding any student, prospective student, or former student of any educational institution if such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public in accordance with 20 U.S.C. § 1232g as the law existed on January 1, 2009;

(2) Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This subdivision in no way abrogates or changes existing state and federal law pertaining to birth and death records;

(3) Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution, or laboratory funded in whole or in part by the state, and other proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;

(4) Records which consist of attorney work product or which are subject to any privilege recognized in article V of chapter 19-19;

(5) Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaint or inquiry, informant identification, or strategic or tactical information used in law enforcement training. This subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;

(6) Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property;

(7) Personnel information other than salaries and routine directory information. This subdivision does not apply to the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee;

(8) Information pertaining to the protection of public or private property and any person on or within public or private property including:

(a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;

(b) Emergency management or response;

(c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;

(d) Cyber security plans, computer or communications network schema, passwords, or user identification names;

(e) Guard schedules;

(f) Lock combinations; and

(9) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming Commission and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides;

(10) Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;

(11) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services;

(12) Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;

(13) Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the federal Native American Graves Protection and Repatriation Act;

(14) Records or portions of records kept by public bodies which maintain collections of archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the federal Native American Graves Protection and Repatriation Act and the Archeological Resources Protection Act;

(15) Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;

(16) Social security numbers; credit card, charge card, or debit card numbers and expiration dates; passport numbers; driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors;

(17) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;

(18) Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit;

(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee;

(20) Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding, except as provided under § 1-27-1.23;

(21) Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks;

(22) Records which, if disclosed, would constitute an unreasonable release of personal information;

(23) Records which, if released, could endanger the life or safety of any person;

(24) Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21;

(25) Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;

(26) Records regarding inmate disciplinary matters pursuant to § 1-15-20, and records regarding jail inmate disciplinary matters pursuant to § 24-11-23;

(27) Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;

(28) A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement or litigation results in a finding of liability against the council or system, or both; and

(29) A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9.

Source: SL 2009, ch 10, § 6; SL 2012, ch 11, § 1; SL 2019, ch 5, § 2; SL 2022, ch 4, § 1; SL 2023, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.6. Certain financial, commercial, and proprietary information exempt from disclosure.

The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive:

(1) Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;

(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;

(3) Financial and commercial information and records supplied by private persons pertaining to export services;

(4) Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;

(5) Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;

(6) Proprietary data, trade secrets, or other information that relates to:

(a) A vendor's unique methods of conducting business;

(b) Data unique to the product or services of the vendor; or

(7) Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;

(8) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body.

Source: SL 2009, ch 10, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.7. Certain drafts, notes, and memoranda exempt from disclosure.

Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive.

Source: SL 2009, ch 10, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.8. Certain records relevant to court actions exempt from disclosure.

Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive.

Source: SL 2009, ch 10, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.9. Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.

No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.

Source: SL 2009, ch 10, § 14; SL 2013, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.10. Redaction of certain information.

In response to any request pursuant to § 1-27-36 or 1-27-37, a public record officer may redact any portion of a document which contains information precluded from public disclosure by § 1-27-3 or which would unreasonably invade personal privacy, threaten public safety and security, disclose proprietary information, or disrupt normal government operations. A redaction under this section is considered a partial denial for the application of § 1-27-37.

Source: SL 2009, ch 10, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.11. Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.

Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.

Source: SL 2009, ch 10, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.12. Chapter inapplicable to Unified Judicial System.

The provisions of this chapter do not apply to records and documents of the Unified Judicial System.

Source: SL 2009, ch 10, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.13. Certain records not available to inmates.

The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.

Source: SL 2009, ch 10, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.14. Redaction of records in office of register of deeds not required.

This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds.

Source: SL 2009, ch 10, § 21; SL 2010, ch 214, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.15. Immunity for good faith denial or provision of record.

No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith.

Source: SL 2009, ch 10, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.16. Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.

If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26.

Source: SL 2010, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.17. Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.

The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body's website within five business days after the meeting. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26.

Source: SL 2010, ch 9, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.18. Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.

Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to § 1-25-1, but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.

Source: SL 2010, ch 9, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.19. Public access to records of former Governors and lieutenant governors.

The records of any Governor and any lieutenant governor are the property of the state and shall be transferred to his or her successor or the state archivist upon leaving office. Once transferred, public access to such records is subject to the provisions of chapter 1-27.

Source: SL 2012, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.20. Exempt records to be opened upon death or ten years after leaving office.

Unless released to the public pursuant to § 1-27-1.21, any record of an officer designated in § 1-27-1.19, exempted from the provisions of § 1-27-1, shall be opened to the public upon either the death of the former officer or ten years from the date the officer left office, whichever transpires last.

Source: SL 2012, ch 12, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.21. Right of former Governor and lieutenant governor to approve or deny release of exempt records.

Whenever an officer designated in § 1-27-1.19 leaves office and transfers his or her records to the state archivist, the former officer shall retain the right to approve or deny the release of any record exempted from the provisions of § 1-27-1. The former officer may exercise that right either personally or may designate in writing a person to do so to the archivist.

Source: SL 2012, ch 12, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.22. Agreement for transfer of records to suitable repository.

The state archivist may enter into agreements with any officer designated in § 1-27-1.19 for the transfer of the former officer's records to a museum, institution of higher learning, or other suitable repository within South Dakota upon determining that such repository will allow for the preservation, study, and public access of such records consistent with §§ 1-27-1.19 to 1-27-1.21, inclusive. Such agreements shall be entered into only after a public hearing.

Source: SL 2012, ch 12, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-1.23. Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.

An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under § 1-27-1.1. For good cause shown, the court may order the redaction of the name of any victim of crime within the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.

Source: SL 2019, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-27-2

1-27-2. Repealed by SL 1977, ch 16, § 3

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-3. Records declared confidential or secret.

Section 1-27-1 shall not apply to such records as are specifically enjoined to be held confidential or secret by the laws requiring them to be so kept.

Source: SDC 1939, § 48.0701; SL 1977, ch 16, § 1

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-4. Format of open record.

Any record made open to the public pursuant to this chapter shall be maintained in its original format or in any searchable and reproducible electronic or other format. This chapter does not mandate that any record or document be kept in a particular format nor does it require that a record be provided to the public in any format or media other than that in which it is stored.

Source: SL 1963, ch 327, § 1; SL 1971, ch 9; SL 2000, ch 6, § 1; SL 2005, ch 19, § 1; SL 2009, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-4.1. Format of written contracts--Storage with records retention officer or designee--Duration.

Any written contract entered by the state, a county, a municipality, or a political subdivision shall be retained in the contract's original format or a searchable and reproducible format. Each contract shall be stored with the records retention officer of that entity or with the designee of the records retention officer unless the contract is required by law to be retained by some other person. Each contract shall be stored during the term of the contract and for two years after the expiration of the contract term.

Source: SL 2009, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-4.2. Availability of contract through internet website or database.

Any contract retained pursuant to § 1-27-4.1 may be made available to the public through a publicly accessible internet website or database.

Source: SL 2009, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-27-5

1-27-5. Repealed by SL 1970, ch 10, § 1

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-27-6

1-27-6 to 1-27-8. Repealed by SL 2009, ch 10, §§ 11 to 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-9. Records management programs--Definition of terms.

Terms used in §§ 1-27-9 to 1-27-18, inclusive, mean:

(1) "Local record," a record of a county, municipality, township, district, authority, or any public corporation or political entity whether organized and existing under charter or under general law, unless the record is designated or treated as a state record under state law;

(2) "Record," a document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in §§ 1-27-9 to 1-27-18, inclusive;

(3) "State agency" or "agency" or "agencies," includes all state officers, boards, commissions, departments, institutions, and agencies of state government;

(4) "State record," :

(a) A record of a department, office, commission, board, or other agency, however designated, of the state government;

(b) A record of the State Legislature;

(d) Any other record designated or treated as a state record under state law.

Source: SL 1967, ch 253, § 1; SL 1992, ch 60, § 2; SL 2011, ch 2, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-10. Records as property of state--Damage or disposal only as authorized by law.

All records of public officials of this state required to be kept or maintained by law are the property of the state and may not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law.

Source: SL 1967, ch 253, § 6; SL 1983, ch 154, § 2

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-11. Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.

There is hereby created a board consisting of the commissioner of human resources and administration, state auditor, attorney general, auditor-general, and state archivist to supervise and authorize the destruction of records. The state records manager shall also serve as an ex officio member in an advisory capacity only. No record may be destroyed or otherwise disposed of by any agency of the state unless it is determined by majority vote of the board that the record has no further administrative, legal, fiscal, research, or historical value.

Source: SL 1967, ch 253, § 7; SL 1975, ch 20; SL 1976, ch 19, § 2; SL 2011, ch 2, § 21; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-11.1. Direction and supervision of board by Bureau of Human Resources and Administration--Independent functions retained.

The board created by § 1-27-11 shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The board shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in the board. The board shall exercise those functions independently of the commissioner of human resources and administration.

Source: SL 1974, ch 3, § 5 (a); SL 2011, ch 2, § 22; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-12. State records management program to be established.

The commissioner of human resources and administration shall establish within the organizational structure of the Bureau of Human Resources and Administration a records management program, which will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of state records.

Source: SL 1967, ch 253, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-12.1. Records management internal service fund.

There is hereby created in the state treasury a records management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration and operation of the records management program to all state departments, agencies, and institutions utilizing such program. All payments received by the Bureau of Human Resources and Administration pursuant to this section shall be deposited in the records management internal service fund.

Source: SL 1992, ch 47, § 6; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-13. Records management procedures proposed by state agencies.

The head of each agency shall submit to the commissioner of human resources and administration, in accordance with the rules, standards, and procedures established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. However, original invoices and vouchers submitted to the state auditor for payment shall be retained for at least seven years.

Source: SL 1967, ch 253, § 3; SL 2011, ch 2, § 23; SL 2018, ch 44, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-14. Obsolete records listed by state agencies.

The head of each agency, also, shall submit lists of state records in his or her custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant further keeping for disposal in conformity with the requirements of § 1-27-11.

Source: SL 1967, ch 253, § 3; SL 2011, ch 2, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-14.1. Transfer of records by outgoing agency heads--Terminated agency records.

Upon termination of employment with the state, each agency head shall transfer his or her records to a successor or to the state archives for appraisal and permanent retention. The records of any state agency shall, upon termination of its existence or functions, be transferred to the custody of the archivist.

Source: SL 1975, ch 24, § 7; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2011, ch 2, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-14.2. Transfer of jeopardized nonessential agency material to state archivist.

If any material of actual or potential archival significance is determined by a state agency to be at risk of destruction or deterioration, and the material is not essential to the conduct of daily business in the agency of origin, the agency head may transfer the records to the physical and legal custody of the state archivist if the archivist is willing and able to receive the records.

Source: SL 1975, ch 24, § 10; SL 2011, ch 2, § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-14.3. Title to transferred records pending formal transfer.

Any record transferred to the physical custody of the archivist remains the legal property of the agency of origin, subject to all existing copyrights and statutory provisions regulating the record's usage, until such time as the agency head formally transfers legal title to the archivist.

Source: SL 1975, ch 24, § 8; SL 2011, ch 2, § 27.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-15. Destruction of nonrecord materials.

Any nonrecord material not included within the definition of records as contained in § 1-27-9 may be destroyed at any time by the agency in possession of such materials without the prior approval of the commissioner of human resources and administration.

Source: SL 1967, ch 253, § 8; SL 2011, ch 2, § 28; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-16. Rules, standards, and procedures.

The commissioner of human resources and administration shall promulgate such rules, standards, and procedures as are necessary or proper to effectuate the purposes of §§ 1-27-9 to 1-27-18, inclusive, except that rules, standards, and procedures relating to disposal of records pursuant to § 1-27-11 shall be issued by the board created by § 1-27-11.

Source: SL 1967, ch 253, § 9; SL 1976, ch 18; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-17. Legislative and judicial records management programs.

Upon request, the commissioner of human resources and administration shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government. The commissioner may, as required by each branch, provide program services similar to those available to the executive branch of state government pursuant to the provisions of §§ 1-27-9 to 1-27-16, inclusive.

Source: SL 1967, ch 253, § 5; SL 2011, ch 2, § 29; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-18. Local records management programs.

The governing body of each county, municipality, township, district, authority, or any public corporation or political entity, whether organized and existing under charter or under general law, shall promote and implement the principles of efficient records management for local records. The governing body may, as far as practical, follow the program established for the management of state records. The commissioner of human resources and administration may, upon the request of a governing body, provide advice and assistance in the establishment of a local records management program.

Source: SL 1967, ch 253, § 4; SL 1981, ch 10, § 1; SL 1992, ch 60, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-19. Annual meeting to authorize destruction of political subdivision records--Record of disposition.

The State Record Destruction Board shall meet at least once each year and consider requests of all political subdivisions for the destruction of records and to authorize their destruction as in the case of state records. However, in the case of any records recommended to be destroyed, the board shall require a record to be kept of the disposition of the documents.

Source: SDC Supp 1960, § 55.2012 as added by SL 1967, ch. 254; SL 1981, ch. 45, § 24

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-20. Common language used in public documents, records, and meetings--Official indigenous language.

The common language of the state is English. The common language is designated as the language of any official public document or record and any official public meeting. The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Lakota, Dakota, and Nakota.

Source: SL 1995, ch 9, § 1; SL 2019, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-21. Public document or record defined--Public meeting.

For the purposes of §§ 1-27-20 to 1-27-25, inclusive, an official public document or record is any document officially compiled, published, or recorded by the state including deeds, publicly probated wills, records of births, deaths, and marriages, and any other document or record required to be kept open for public inspection pursuant to chapter 1-27. An official public meeting is any meeting or proceeding required to be open to the public pursuant to chapter 1-25.

Source: SL 1995, ch 9, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-22. Application of English as common language requirement.

The provisions of §§ 1-27-20 to 1-27-25, inclusive, do not apply:

(1) To instruction in foreign language courses;

(2) To instruction designed to aid students with limited English proficiency in a timely transition and integration into the general education system;

(3) To the application, preparation materials, and examination for any noncommercial driver license or permit;

(4) To the conduct of international commerce, tourism, and sporting events;

(5) When deemed to interfere with needs of the justice system;

(6) When the public safety, health, or emergency services require the use of other languages; and

(7) When expert testimony, witnesses, or speakers require a language other than the common language. However, for purposes of deliberation, decision making, or record keeping, the official version of such testimony or commentary shall be the officially translated English language version.

Source: SL 1995, ch 9, § 3; SL 2016, ch 13, § 1; SL 2020, ch 118, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-27-23

1-27-23. Repealed by SL 2016, ch 13, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-24. Effect of common language requirement on state employment.

No person may be denied employment with the state or any political subdivision of the state based solely upon that person's lack of facility in a foreign language, except where related to bona fide job needs reflected in the exemptions in § 1-27-22.

Source: SL 1995, ch 9, § 5

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-25. Common language requirements not applicable to private activities.

Sections 1-27-20 to 1-27-25, inclusive, may not be construed in any way to infringe upon the rights of citizens under the State Constitution or the Constitution of the United States in the use of language in any private activity. No agency or officer of the state nor any political subdivision of the state may place any restrictions or requirements regarding language usage in any business operating in the private sector other than official documents, forms, submissions, or other communications directed to government agencies and officers, which communications shall be in the common language as recognized in §§ 1-27-20 to 1-27-25, inclusive.

Source: SL 1995, ch 9, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-27-26

1-27-26. Repealed by SL 2016, ch 13, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-27. Requesting information or data from a state agency.

Before requesting or requiring that any local government provide information or data to a state agency, the state agency shall first determine whether the information or data is available from the Department of Legislative Audit. If the information or data is available from the Department of Legislative Audit, the state agency may not require the local government to provide the information or data.

Source: SL 1995, ch 10

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-28. Definition of terms.

Terms used in §§ 1-27-29 to 1-27-32, inclusive, mean:

(1) "Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1(2);

(2) "State agency," any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, the Public Utilities Commission, the Department of Agriculture and Natural Resources, any law enforcement agency, or any unit of local government, or joint venture comprised of local governments;

(3) "Financial investigation, examination, or audit," any examination conducted by a state agency of a private entity's proprietary information or trade secret information;

(4) "Proprietary information," information on pricing, costs, revenue, taxes, market share, customers, and personnel held by private entities and used for that private entity's business purposes;

(5) "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, process, marketing plan, or strategic planning information that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Source: SL 1996, ch 12, § 1; SL 2003, ch 20, § 1; SL 2004, ch 25, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-29. Disclosure of information concerning private entity restricted.

No state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity while the financial investigation, examination, or audit is ongoing, except as provided by § 1-27-31.

Source: SL 1996, ch 12, § 2; SL 2004, ch 25, § 2

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-30. Confidentiality of proprietary or trade information of private entity.

All proprietary or trade secret information obtained by a state agency from or concerning a private entity is confidential, except as provided by § 1-27-31.

Source: SL 1996, ch 12, § 3; SL 2004, ch 25, § 3

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-31. Circumstances allowing for disclosure of information concerning private entity.

A state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity and disclose the information obtained from such an investigation, examination, or audit as follows:

(1) To the private entity being investigated, examined, or audited;

(2) To those persons whom the private entity has authorized in writing to receive such information;

(3) To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;

(4) To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;

(5) To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§ 1-27-28 to 1-27-32, inclusive;

(6) To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;

(7) To a federal agency pursuant to the provisions of federal law;

(8) To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;

(9) Repealed by SL 2004, ch 25, § 4.

(10) To comply with federal law, rules, or program delegation requirements ; or

(11) To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to a court order obtained under the same process as orders issued pursuant to § 15-6-65(b).

Source: SL 1996, ch 12, § 4; SL 1997, ch 13, § 1; SL 2004, ch 25, § 4

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-32. Disclosure of confidential information as misdemeanor.

Disclosure of information made confidential by §§ 1-27-28 to 1-27-32, inclusive, except as provided in § 1-27-31, is a Class 1 misdemeanor.

Source: SL 1996, ch 12, § 5; SL 2004, ch 25, § 5

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-33. Specific public access or confidentiality provisions not superseded by chapter provisions.

The provisions of this chapter do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.

Source: SL 2004, ch 25, § 6

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-34. Unified Judicial System and Public Utilities Commission exempt from certain records procedures.

The provisions of §§ 1-27-35 to 1-27-43, inclusive, do not apply to the Unified Judicial System or Public Utilities Commission.

Source: SL 2008, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-35. Informal requests for disclosure of records--Costs of retrieval or reproduction.

Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Human Resources and Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval.

Source: SL 2008, ch 14, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-36. Estimate of retrieval and reproduction cost--Waiver or reduction of fee.

For any informal request reasonably likely to involve a fee in excess of fifty dollars, the custodian shall provide an estimate of cost to the requestor prior to assembling the documents or records and the requestor shall confirm in writing his or her acceptance of the cost estimate and agreement to pay. The custodian may exercise discretion to waive or reduce any fee required under this section if the waiver or reduction of the fee would be in the public interest.

Source: SL 2008, ch 14, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-37. Written request for disclosure of records.

If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section:

(1) A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:

(a) Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§ 1-27-35 and 1-27-36;

(b) Denying the request for the record; or

(c) Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;

(2) Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;

(3) If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer's request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;

(4) If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;

(5) If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.

Source: SL 2008, ch 14, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-38. Civil action or administrative review of denial of written request or estimate of fees.

If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer's estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain:

(1) The name, address, and telephone number of the requestor;

(2) The name and business address of the public record officer denying the request;

(3) The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied;

(4) A copy of the written request;

(5) A copy of any denial or response from the public record officer; and

(6) Any other information relevant to the request that the requestor desires to be considered.

Source: SL 2008, ch 14, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-39. Response to notice of review.

Upon receipt, the Office of Hearing Examiners shall promptly mail a copy of the notice of review filed pursuant to § 1-27-38 and all information submitted by the requestor to the public record officer named in the notice of review. The entity denying the written request may then file a written response to the Office of Hearing Examiners within ten business days. If the entity does not file a written response within ten business days, the Office of Hearing Examiners shall act on the information provided. The Office of Hearing Examiners shall provide a reasonable extension of time to file a written response upon written request or agreement of parties.

Source: SL 2008, ch 14, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-40. Findings and decision of Office of Hearing Examiners.

Upon receipt and review of the submissions of the parties, the Office of Hearing Examiners shall make written findings of fact and conclusions of law, and a decision as to the issue presented. Before issuing a decision, the Office of Hearing Examiners may hold a hearing pursuant to chapter 1-26 if good cause is shown.

Source: SL 2008, ch 14, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-40.1. Time for compliance with decision or appeal.

If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to § 1-27-41.

Source: SL 2011, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-40.2. Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.

In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41, if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

Source: SL 2011, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-41. Appeal.

The aggrieved party may appeal the decision of the Office of Hearing Examiners to the circuit court pursuant to chapter 1-26. In any action or proceeding under §§ 1-27-35 to 1-27-43, inclusive, no document or record may be publicly released until a final decision or judgment is entered ordering its release.

Source: SL 2008, ch 14, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-42. Public record officer for the state, county, municipality, township, school district, special district, or other entity.

The public record officer for the state is the secretary, constitutional officer, elected official, or commissioner of the department, office, or other division to which a request is directed. The public record officer for a county is the county auditor or the custodian of the record for law enforcement records. The public record officer for a first or second class municipality is the finance officer or the clerk or the custodian of the record for law enforcement records. The public record officer for a third class municipality is the president of the board of trustees or the custodian of the record for law enforcement records. The public record officer for an organized township is the township clerk. The public record officer for a school district is the district superintendent or CEO. The public record officer for a special district is the chairperson of the board of directors. The public record officer for any other entity not otherwise designated is the person who acts in the capacity of the chief financial officer or individual as designated by the entity.

Source: SL 2008, ch 14, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-43. Form of notice of review--Office of Hearing Examiners' notice.

The following forms are prescribed for use in the procedures provided for in §§ 1-27-35 to 1-27-42, inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information required by those sections is provided in writing.

NOTICE OF REVIEW

REQUEST FOR DISCLOSURE OF PUBLIC RECORDS

Date of Request: ________________________________________

Name of Requestor: ________________________________________

Address of Requestor: ________________________________________

Telephone Number of Requestor: ________________________________________

Type of Review Being Sought:

______ Request for Specific Record

______ Estimate of Fees

______ Estimate of Time to Respond

Short Explanation of Review Being Sought Including Specific Records Requested:

____________________________________________________________________

Name of Public Record Officer: ________________________________________

Address of Public Record Officer: ________________________________________

Name of Governmental Entity: ________________________________________

Address of Governmental Entity: ________________________________________

You must include with the submission of this Notice of Review--Request for Disclosure of Public Records form the following information: (1) A copy of your written request to the public record officer; (2) A copy of the public record officer's denial or response to your written request, if any; and (3) Any other information relevant to the request that you desire to be considered.

I hereby certify that the above information is true and correct to the best of my knowledge.

Signature of Requestor: _____________________________________________________

The Notice of Review--Request for Disclosure of Public Records form shall be completed and submitted, via registered or certified mail, return receipt, to the following address:

Office of Hearing Examiners

500 E. Capitol Avenue

Pierre, South Dakota 57501

605-773-6811

SOUTH DAKOTA OFFICE OF HEARING EXAMINERS

NOTICE OF REQUEST FOR DISCLOSURE

OF PUBLIC RECORDS

TO: (Public Record Officer & Governmental Entity) ______________________________ has filed a Notice of Review--Request for Disclosure of Public Records. A copy of the Notice of Review--Request for Disclosure of Public Records is attached for your review.

You may file a written response to the Notice of Review--Request for Disclosure of Public Records within ten (10) business days of receiving this notice, exclusive of the day of service, at the following address:

Office of Hearing Examiners

500 E. Capitol Avenue

Pierre, South Dakota 57501

605-773-6811

The Office of Hearing Examiners may issue its written decision on the information provided and will only hold a hearing if it deems a hearing necessary.

If you have any questions, please contact the Office of Hearing Examiners.

Dated this ____ day of ________________, 20____.

___________________________

Office of Hearing Examiners

Source: SL 2008, ch 14, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-44. Restriction on internet use of social security numbers by state agencies and political subdivisions.

No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may:

(1) Knowingly release or post any person's social security number on the internet; or

(2) Require any person to transmit the person's social security number over the internet, unless the connection is secure or the social security number is encrypted; or

(3) Require any person to use the person's social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

Source: SL 2008, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-45. Searchable internet website for posting and access of public records and financial information.

The state shall maintain a searchable internet website for the posting and access of public records and financial information of the state, municipalities, counties, school districts, and other political subdivisions. The content and operation of the website shall be administered jointly by the Bureau of Human Resources and Administration, Bureau of Finance and Management, and Bureau of Information and Telecommunications.

Source: SL 2009, ch 12, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-46. Contracts to be displayed on searchable internet website.

The state shall display on the searchable internet website created pursuant to § 1-27-45 copies of each written contract for supplies, services, or professional services of ten thousand dollars or more, each written contract filed with the state auditor pursuant to § 1-24A-1, and each written contract filed with the attorney general pursuant to § 1-11-15. Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than the retention period prescribed by § 1-27-4.1.

Source: SL 2010, ch 10, § 1; SL 2018, ch 44, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-47. Affordability of public access to electronic records database.

A public entity that creates or maintains an electronic public records database or that enters into a contract for an electronic public records database shall consider the cost and affordability of public access.

Source: SL 2013, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-27-48. Documentation regarding information stored in electronic records system.

A public entity shall make available, upon request, the following documentation for each electronic records system:

(1) A narrative description of the system purpose and functionality; and

(2) Such information as may be reasonably necessary for a member of the public to request the public information that is stored in the electronic records system.

Source: SL 2013, ch 12, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-28 REPORTS OF STATE AGENCIES [REPEALED]

CHAPTER 1-28

REPORTS OF STATE AGENCIES [REPEALED]

[Repealed by SL 1971, ch 10, § 7; SL 1979, ch 10, §§ 5 to 12; SL 1980, ch 20, §§ 1 to 4; SL

1980, ch 24, § 14; SL 1982, ch 16, §§ 9, 10]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-29 EMERGENCY LOCATION OF STATE GOVERNMENT

CHAPTER 1-29

EMERGENCY LOCATION OF STATE GOVERNMENT

1-29-1      Proclamation moving capital under emergency conditions--Legislative action or return to Pierre.
1-29-2      Validity of official acts at emergency capital.
1-29-3      Supremacy of chapter over conflicting law.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-29-1. Proclamation moving capital under emergency conditions--Legislative action or return to Pierre.

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Pierre, Hughes County, South Dakota, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or outside of this state as the Governor may deem advisable under the circumstances, and shall take such action and issue such orders as necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. The emergency temporary location, or locations, must remain the seat of government until the Legislature establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

Source: SL 1961, ch 287, § 1; SL 2023, ch 3, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-29-2. Validity of official acts at emergency capital.

During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the Legislature in regular, extraordinary, or emergency session, shall be valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.

Source: SL 1961, ch 287, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-29-3. Supremacy of chapter over conflicting law.

The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.

Source: SL 1961, ch 287, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-30 EMERGENCY INTERIM SUCCESSION TO OFFICE

CHAPTER 1-30

EMERGENCY INTERIM SUCCESSION TO OFFICE

1-30-1      Legislative findings and policy.
1-30-2      Definition of terms.
1-30-3      Designation by state officers of emergency interim successors.
1-30-4      Exercise of powers by emergency successor to state office--Termination of powers.
1-30-5      Local resolutions and ordinances for emergency interim succession.
1-30-6      Designation by local officers of emergency interim successors.
1-30-7      Exercise of powers by emergency successor to local office--Termination of powers.
1-30-8      Oath of office taken at time of designation--Formal qualification waived for emergency successors.
1-30-9      Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers.
1-30-10      Removal of designees.
1-30-11      Adjudication of disputes.
1-30-12      Short title.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-1. Legislative findings and policy.

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this state, and its political subdivisions, in the event the incumbents thereof (and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices (hereinafter referred to as deputy)) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.

Source: SL 1961, ch 285, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-2. Definition of terms.

Unless otherwise clearly required by the context, as used in this chapter:

(1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;

(2) "Emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercises of the powers and discharge the duties of the office;

(3) "Office" includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the Legislature and the judiciary;

(4) "Political subdivision" includes counties, municipalities, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law;

(5) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.

Source: SL 1961, ch 285, § 3; SL 1992, ch 60, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-3. Designation by state officers of emergency interim successors.

All state officers, subject to such regulations as the Governor (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may issue, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three, nor more than seven, such deputies or emergency interim successors or any combination thereof, at any time.

Source: SL 1961, ch 285, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-4. Exercise of powers by emergency successor to state office--Termination of powers.

In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this chapter (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.

Source: SL 1961, ch 285, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-5. Local resolutions and ordinances for emergency interim succession.

With respect to local offices for which the legislative bodies of municipalities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this chapter.

Source: SL 1961, ch 285, § 5; SL 1992, ch 60, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-6. Designation by local officers of emergency interim successors.

The provisions of this section and § 1-30-7 shall be applicable to officers of political subdivisions (including, but not limited to, municipalities, townships, counties, and school districts) not included in § 1-30-5. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof at any time.

Source: SL 1961, ch 285, § 6; SL 1992, ch 60, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-7. Exercise of powers by emergency successor to local office--Termination of powers.

In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.

Source: SL 1961, ch 285, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-8. Oath of office taken at time of designation--Formal qualification waived for emergency successors.

At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.

Source: SL 1961, ch 285, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-9. Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers.

Officials authorized to act as Governor pursuant to this chapter, emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legislature, by concurrent resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided.

Source: SL 1961, ch 285, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-10. Removal of designees.

Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including § 1-30-9, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.

Source: SL 1961, ch 285, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-11. Adjudication of disputes.

Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the Office of Governor, and the Governor's decision is final.

Source: SL 1961, ch 285, § 10; SL 2023, ch 3, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-30-12. Short title.

This chapter shall be known and may be cited as "Emergency Interim Executive and Judicial Succession Act."

Source: SL 1961, ch 285, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-31 COMMISSION ON HUMAN RELATIONS [REPEALED]

CHAPTER 1-31

COMMISSION ON HUMAN RELATIONS [REPEALED]

[Repealed by SL 1972, ch 11, § 19]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-32

EXECUTIVE REORGANIZATION--GENERAL PROVISIONS AND DEFINITIONS

1-32-1 Definition of terms.

1-32-2 Principal departments established.

1-32-3 Appointment and tenure of department heads.

1-32-3.1 Transferred to § 1-39-2.1.

1-32-4 Changes in organization or functions within departments.

1-32-4.1 Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation.

1-32-4.2 Request to Governor--Contents.

1-32-4.3 Creation without Governor's approval when required for federal funds--Filing with secretary of state.

1-32-4.4 Maximum duration of federally required agency--Extensions.

1-32-4.5 Internal councils and committees not prohibited.

1-32-5 Secretary's access to records within department--Restrictions on disclosure.

1-32-6 Appointment and removal of division directors--Qualifications for positions.

1-32-6.1 1-32-6.1. Repealed by SL 1976, ch 16, § 2.

1-32-7 Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing.

1-32-8 Assistant attorneys general as employees of attorney general's office.

1-32-9 Interim allocation of functions and resources--Recommendations to Legislature.

1-32-10 Repeals and amendments not implied.

1-32-11 1-32-11. Repealed by SL 1975, ch 16, § 25.

1-32-12 Employees' rights preserved.

1-32-13 Bondholders' and contractual rights preserved.

1-32-14 Pending proceedings continued.

1-32-15 Changes to meet federal requirements.

1-32-16 Severability of provisions.

1-32-17 1-32-17. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-1. Definition of terms.

As used in chapters 1-32 to 1-47, inclusive:

(1) "Administrative function" means any management function to include planning, developing, and implementing programs; organizing the internal structure of a department or agency; selecting, appointing, promoting, removing, and managing personnel; directing, administering, reviewing, and coordinating activities and programs assigned to a department, agency, or organizational subunit; reporting; and budgeting and expending funds, including, unless excepted, special budgetary functions;

(2) "Advisory function" means furnishing advice, gathering information, and making recommendations;

(3) "Agency" means any board, commission, department, bureau, division, or any other unit or organization of state government;

(4) "Department," except when used in connection with the name of a departmental level agency existing before July 1, 1973, means the principal functional and administrative entity created by this chapter within the executive department of state government and one of the twenty-five principal departments permitted under the reorganization amendment and includes any subunits of such a department except where otherwise provided;

(5) "Division" means the principal functional subunit within a department and is comprised of those agencies allocated to the division by chapters 1-32 to 1-47, inclusive, except where otherwise provided. Where agencies are not specifically allocated to a division, the department head with the approval of the Governor may form necessary divisions to carry out the purpose of said chapters. The head of the division shall have the title "director" of the division unless otherwise specifically designated by said chapters;

(6) "Executive branch" and "executive department" mean the executive department of state government referred to in the S.D. Const., Art. IV;

(7) "Function" means any authority, power, responsibility, duty, program, or activity of an agency, whether or not specifically provided for by law;

(8) "Head of department," "head of a principal department" or "department head" means the head of one of the principal departments as provided for in chapters 1-33 to 1-47, inclusive. The head of the department shall have the title "secretary" of the department unless otherwise specifically designated by said chapters;

(9) "Office" means the principal functional subunit within a division and is comprised of those agencies allocated to the office by law, executive orders with the force of law, or administrative action, except where otherwise provided. Where agencies are not specifically allocated to an office within a division by law or executive order with the force of law, the department secretary with the approval of the Governor may form necessary offices and allocate agencies to those offices to carry out the purposes of chapters 1-32 to 1-47, inclusive. The head of an office shall have the title "supervisor" of the office unless otherwise specifically designated by law or said chapters;

(10) "Quasi-judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes the functions of interpreting, applying, and enforcing existing rules and laws; granting or denying privileges, rights, or benefits; issuing, suspending, or revoking licenses, permits and certificates; determining rights and interests of adverse parties; evaluating and passing on facts; awarding compensation; fixing prices; ordering action or abatement of action; holding hearings; adopting procedural rules or performing any other act necessary to effect the performance of a quasi-judicial function;

(11) "Quasi-legislative function" means making or having the power to make and promulgate rules as defined in subdivision 1-26-1(8);

(12) "Reorganization amendment" means S.D. Const., Art. IV, § 8, as adopted at the general election of November 7, 1972;

(13) "Special budgetary function" is a category of administrative functions and means any statutory power granted to an agency with respect to the receipt, or the approval of budgets or allocations, or the disbursement and expenditure of special revenue funds, capital projects funds, debt service funds, trust and agency funds, public service enterprise funds, and working capital or internal service funds as defined by § 4-4-4. Special budgetary functions are not to be construed, however, to include any authority to select, appoint, promote, or remove any employee.

Source: SL 1973, ch 2, § 2; SL 1974, ch 3, §§ 2, 3; SL 1979, ch 351, § 3; SL 1979, ch 352, § 2; SL 1979, ch 354, § 3; SL 1979, ch 355, § 3; SL 1980, ch 26, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-2. Principal departments established.

For the purposes of achieving reorganization under the terms of S. D. Const., Art. IV, § 8, the following principal departments are established:

(1) Department of Executive Management;

(2) Department of Public Safety;

(3) Department of Social Services;

(4) Department of Labor and Regulation;

(5) Department of Education;

(6) Department of Game, Fish and Parks;

(7) Department of Health;

(8) Department of Agriculture and Natural Resources;

(9) Department of Transportation;

(10) Department of the Military;

(11) Department of Revenue;

(12) Department of Human Services;

(13) Department of Tourism;

(14) Department of Veterans Affairs;

(15) Department of Tribal Relations;

(16) Department of Corrections.

Source: SL 1973, ch 2, § 6; SL 1973, ch 264, § 6; SL 1975, ch 5, § 13; SL 1977, ch 226, § 10; SL 1978, ch 290, § 1; SL 1979, ch 351, §§ 26, 35; SL 1979, ch 352, § 15; SL 1979, ch 354, §§ 17, 18; SL 1982, ch 17, § 61; SL 1989, ch 21, §§ 1, 26; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 93, eff. Apr. 12, 2011; SL 2012, ch 4, § 12; SL 2021, ch 1 (Ex. Ord. 21-3), § 41, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-3. Appointment and tenure of department heads.

The head of each principal department shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9.

Source: SL 1973, ch 2, §§ 30, 41, 68, 89, 98, 109, 116, 129, 200, 212, 223, 237, 269, 279.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-3.1. Transferred to § 1-39-2.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4. Changes in organization or functions within departments.

In order to promote the efficient administration of the principal departments, the Governor may establish, combine, or abolish divisions, offices, or other administrative subunits, with the exception of boards and commissions authorized by the Legislature, and may allocate and reallocate powers and duties among divisions, offices, or other administrative subunits under the various principal departments if the reallocation of powers and duties allows the departments to continue to perform the functions assigned and mandated by the Constitution and laws of the State of South Dakota.

Source: SL 1973, ch 2, § 7; SL 1996, ch 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4.1. Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation.

Only a head of department as defined by subdivision § 1-32-1(8), the Governor and the chairman of the Board of Regents may create such advisory councils, committees, boards, or commissions as may be deemed necessary and in the best interests of the State of South Dakota. However, no such advisory council, committee, board, or commission may be created without the approval of the Governor. A copy of such approval shall be filed with the secretary of state. Compensation shall be according to the provisions of § 4-7-10.4.

Source: SL 1976, ch 21, § 1; SL 1989, ch 20, § 43.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4.2. Request to Governor--Contents.

Any request submitted to create an advisory council, committee, board, or commission by a head of department or chairman of the board of regents to the Governor shall have the following information:

(1) Name of council, committee, board, or commission;

(2) Date of creation;

(3) Composition and type of citizen or group input that is sought;

(4) Names and addresses of members if appointments have been made, otherwise such information shall be made available to the Governor subsequent to the creation;

(5) Purpose of the creation;

(6) Source and amount of funding, duration of the fund or grant used, applicable restrictions and other stipulations.

Source: SL 1976, ch 21, § 4; SL 1989, ch 20, § 44.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4.3. Creation without Governor's approval when required for federal funds--Filing with secretary of state.

Notwithstanding § 1-32-4.1, if federal law or regulation shall require that an advisory council, committee, board, or commission be established in order to receipt federal funds, a department, an agency, or institution, or board or commission may establish an advisory council committee, board, or commission without the approval of the Governor; provided, however, that such appointing authority file such action with the secretary of state.

Source: SL 1976, ch 21, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4.4. Maximum duration of federally required agency--Extensions.

An advisory council, committee, board, or commission created in response to federal law or regulation may not be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the Governor and filed with the secretary of state. If the existence of an advisory council is extended, the appointing authority shall specify a new date, not more than two years later, when the existence of the advisory council shall end and file a record of the action in the Office of the Secretary of State. The existence of any advisory council may be extended as many times as necessary.

Source: SL 1976, ch 21, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-4.5. Internal councils and committees not prohibited.

Nothing in §§ 1-32-4.1 to 1-32-4.4, inclusive, shall be construed as prohibiting the use or creation of internal department or state institutional councils and committees that are comprised of department or institutional employees.

Source: SL 1976, ch 21, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-5. Secretary's access to records within department--Restrictions on disclosure.

The secretary of the principal department shall have complete access to the records of any agency within his department, provided, however, that any statutory restrictions on the disclosure of confidential information and penalties for unlawful disclosure of such information shall apply to the secretary of the principal department.

Source: SL 1973, ch 2, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-6. Appointment and removal of division directors--Qualifications for positions.

Unless otherwise provided by chapters 1-32 to 1-47, inclusive, division directors must be appointed by the head of the department or bureau of which the division is a part, and shall serve at the pleasure of the department or bureau head. The appointment and removal of division directors is subject to approval by the Governor. Departments and bureaus shall submit, for approval to the commissioner of personnel, minimum qualifications for the division director positions within their departments or bureaus.

Source: SL 1973, ch 2, § 9; SL 1979, ch 351, § 5; SL 1979, ch 352, § 4; SL 1979, ch 354, § 5; SL 1979, ch 355, § 5; SL 1980, ch 26, § 2; SL 1981, ch 11, § 1; SL 2024, ch 166, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-32-6.1

1-32-6.1. Repealed by SL 1976, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-7. Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing.

The secretaries of the Departments of Health, Agriculture, Public Safety, Revenue, Labor and Regulation and Human Services are hereby authorized to enter into mutual agreements, transferring among the departments any health or consumer protection inspection function assigned to any one of the three departments so as to promote the effectiveness and efficiency of such functions. Any such mutual agreements shall be approved by the Governor and shall be filed in the Office of the Secretary of State.

Source: SL 1973, ch 2, § 55; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 20, 121; SL 2011, ch 1 (Ex. Ord. 11-1), § 94, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-8. Assistant attorneys general as employees of attorney general's office.

All assistant attorneys general shall be employees of the Office of the Attorney General.

Source: SL 1973, ch 2, § 296; SL 1974, ch 18, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-9. Interim allocation of functions and resources--Recommendations to Legislature.

In the event that it has been determined that a function of a transferred agency, which has not been eliminated by chapters 1-32 to 1-47, inclusive, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations, or other funds have not been clearly allocated to a principal department or an administrative subunit or board or commission of such a department, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by said chapters. Any interim procedures issued in conjunction with this section shall be filed with the secretary of state.

Source: SL 1973, ch 2, § 292; SL 1980, ch 26, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-10. Repeals and amendments not implied.

It is the intent of chapters 1-32 to 1-47, inclusive, not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in said chapters or unless there is an irreconcilable conflict between said chapters and those laws.

Source: SL 1973, ch 2, § 287; SL 1980, ch 26, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-32-11

1-32-11. Repealed by SL 1975, ch 16, § 25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-12. Employees' rights preserved.

Any employee who was a member of any retirement system before the transfer of any board, commission, department, division, or agency specified by chapters 1-32 to 1-47, inclusive, shall not lose any retirement benefits accrued in such system by virtue of such transfer. An employee so affected shall have the option of continuing as a member of the retirement system of which he was a member at the time of transfer or to join the retirement system to which the transfer makes him eligible. However, the affected employee shall make his election within six months from the date of the transfer. Unless otherwise provided in chapters 1-32 to 1-47, inclusive, each state officer or employee affected by the reorganization of the executive department of state government under said chapters is entitled to all rights which he possessed as a state officer or employee before such reorganization, including rights to tenure in office and rank or grade, rights to vacation and sick pay and leave, rights under any retirement or personnel plan or labor union contract, rights to compensatory time earned, and any other rights under law or administrative policy. This section is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before any transfer or reorganization pursuant to chapters 1-32 to 1-47, inclusive.

Source: SL 1973, ch 2, § 291; SL 1980, ch 26, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-13. Bondholders' and contractual rights preserved.

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into by the state or by any agency, officer, or employee thereof before the transfer of the functions of an agency or the abolition of an agency in chapters 1-32 to 1-47, inclusive, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of such transfer or abolition. The department or unit which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.

Source: SL 1973, ch 2, § 293; SL 1980, ch 26, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-14. Pending proceedings continued.

No judicial or administrative suit, action, or other proceeding lawfully commenced by or against any department, board, commission, agency, or any officer of the state, in his official capacity or in relation to the discharge of his official duties before the taking effect of any reorganization under the provisions of chapters 1-32 to 1-47, inclusive, shall abate or be affected by the reason of the taking effect of such reorganization. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any department, board, commission, agency, or any officer affected by said chapters.

Source: SL 1973, ch 2, § 294; SL 1980, ch 26, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-15. Changes to meet federal requirements.

If any part of chapters 1-32 to 1-47, inclusive, is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of said chapters has no effect and the Governor may by executive order make necessary changes to said chapters to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.

Source: SL 1973, ch 2, § 295; SL 1980, ch 26, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-32-16. Severability of provisions.

If a part of chapters 1-32 to 1-47, inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said chapters is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. It is hereby declared that the sections, clauses, sentences, and parts of said chapters are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence, or part of said chapters would otherwise be unconstitutional or ineffective.

Source: SL 1973, ch 2, §§ 288, 290; SL 1980, ch 26, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-32-17

1-32-17. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-33

DEPARTMENT OF EXECUTIVE MANAGEMENT

1-33-1 Department continued.

1-33-2 Governor as head of office.

1-33-3 Bureaus and other agencies constituting department.

1-33-4 Appointment of bureau heads--Titles.

1-33-5 Repealed by SL 2012, ch 23, §§ 2, 3.

1-33-7 Annual report and recommendations by finance commissioner on building authorities.

1-33-8 1-33-8. Superseded.

1-33-8.1 Bureau of Human Resources and Administration--Administrative functions--Board and commission.

1-33-8.2 Repealed.

1-33-8.3 Bureau of Human Resources and Administration--Financing.

1-33-8.4 Bureau of Human Resources and Administration--Commissioner--Duties--Oath.

1-33-8.5 Bureau of Human Resources and Administration--Commissioner--Qualification.

1-33-8.6 Commissioner of Human Resources and Administration--Member of Board of Finance.

1-33-8.7 Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs.

1-33-8.8 Commissioner of Human Resources and Administration--Local government service contracts limiting remedies.

1-33-8.9 Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations.

1-33-8.10 Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation.

1-33-8.11 Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.

1-33-8.12 Central mail service fund--Apportionment of expenses.

1-33-8.13 Central office supply program--Supply internal service fund.

1-33-9 Bureau of Human Resources and Administration--Duties.

1-33-9.1 Bureau of Human Resources and Administration continued.

1-33-10 Repealed.

1-33-10.1 Bureau of Human Resources and Administration student internships.

1-33-11 Repealed by SL 2012, ch 23, §§ 6 to 8.

1-33-14 1-33-14. Repealed by SL 1984, ch 207, § 8.

1-33-15 1-33-15. Transferred to § 1-52-3.1 by SL 2005, ch 10, § 10.

1-33-16 1-33-16 to 1-33-17. Repealed by SL 2005, ch 10, §§ 11 to 13.

1-33-18 1-33-18 to 1-33-19.1. Transferred to §§ 1-52-3.2 to 1-52-3.4 by SL 2005, ch 10, §§ 14 to 16.

1-33-19.2 1-33-19.2. Transferred to § 1-52-13 by SL 2009, ch 1, § 120.

1-33-20 1-33-20. Obsolete.

1-33-20.1 1-33-20.1. Repealed by SL 2005, ch 10, § 19.

1-33-21 Community development block grant program transferred to Governor's Office of Economic Development.

1-33-22 1-33-22. Transferred to § 1-52-3.5 by SL 2005, ch 10, §§ 21, 43.

1-33-23 1-33-23. Repealed by SL 2005, ch 10, § 22.

1-33-24 1-33-24, 1-33-25. Repealed by SL 1992, ch 13, §§ 1, 2.

1-33-26 Creation of Office of Digital Dakota Network--Purposes--Policies and rules.

1-33-27 1-33-27 to 1-33-29. Repealed by SL 2005, ch 16, §§ 8 to 10.

1-33-30 Responsibilities of commissioner--Network use and programming.

1-33-31 Bureau authorized to contract for expert assistance.

1-33-32 Bureau to submit budgets and proposals to Governor.

1-33-33 Acceptance and expenditure of funds.

1-33-34 1-33-34. Repealed by SL 2013, ch 13, § 1.

1-33-35 Operation of network by Bureau of Information and Telecommunications.

1-33-36 Adoption of rules for Digital Dakota Network.

1-33-37 Bureau of Information and Telecommunications created.

1-33-38 Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.

1-33-39 Appointment of commissioner of Bureau of Information and Telecommunications.

1-33-40 Determining divisions within the Bureau of Information and Telecommunications.

1-33-41 Bureau of Information and Telecommunications authorized to contract with other state agencies.

1-33-42 Definitions.

1-33-43 Functions of Bureau of Information and Telecommunications.

1-33-44 Installation of data processing, telecommunication, and office equipment--Approval of requests.

1-33-45 Service agency for data processing--Agreements with political subdivisions.

1-33-46 Board of Regents--Joint exercise of power.

1-33-47 Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.

1-33-48 Commissioner allowed to enter into agreements to acquire equipment.

1-33-49 Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.

1-33-50 Internal service fund for data processing--Use of revenues--Maximum operating balance.

1-33-51 Service agency financed by internal service fund--Fee schedule.

1-33-52 1-33-52. Repealed by SL 2013, ch 13, § 2.

1-33-53 Contracts with leasing companies for purchase and lease of data processing equipment.

1-33-54 Data processing service and maintenance contracts--Limitation of remedies.

1-33-55 Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.

1-33-56 1-33-56. Repealed by SL 2013, ch 13, § 3.

1-33-57 Functions, authorities, and positions of the Office of Educational Telecommunications transferred.

1-33-58 Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.

1-33-59 Functions, authorities, and positions of Office of Digital Dakota Network transferred.

1-33-60 1-33-60. Repealed by SL 1995, ch 322 (Ex Ord 95-6), §§ 17, 18.

1-33-61 Educational Telecommunications Board of Directors continued.

1-33-62 1-33-62. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.

1-33-63 Background investigation of information technology employees and contractors.

1-33-64 Bureau of Information and Telecommunications--Administrative charges for IT services--Promulgation of rules.

1-33-65 Data processing, office systems, and telecommunications--Costs in contract.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-1. Department continued.

The Department of Executive Management is hereby continued.

Source: SL 1973, ch 2, § 10; SL 2005, ch 10, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-2. Governor as head of office.

The head of the Department of Executive Management is the Governor.

Source: SL 1973, ch 2, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-3. Bureaus and other agencies constituting department.

The Department of Executive Management consists of the Bureau of Finance and Management, the Bureau of Human Resources and Administration, the Bureau of Information and Telecommunications, the Governor's Office of Economic Development, and any other agencies created by administrative action or law and placed under the Department of Executive Management.

Source: SL 1973, ch 2, § 12; SL 1974, ch 3, § 9; SL 1982, ch 17, § 1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 96, eff. Apr. 12, 2011; SL 2012, ch 23, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 30, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-4. Appointment of bureau heads--Titles.

Except as provided by § 1-33-10, the heads of the bureaus within the Department of Executive Management are appointed by the Governor and serve at the Governor's pleasure, and each have the title of commissioner.

Source: SL 1973, ch 2, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2023, ch 3, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-5, 1-33-6. Repealed by SL 2012, ch 23, §§ 2, 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-7. Annual report and recommendations by finance commissioner on building authorities.

The commissioner of finance and management shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the following agencies:

(1) The State Building Authority created by chapter 5-12;

(2) The Health and Educational Facilities Authority created by chapter 1-16A.

Source: SL 1973, ch 2, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-8

1-33-8. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.1. Bureau of Human Resources and Administration--Administrative functions--Board and commission.

The Bureau of Human Resources and Administration shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following agencies:

(1) The Records Destruction Board created by chapter 1-27; and

(2) The Capitol Complex Restoration and Beautification Commission continued by chapter 5-15.

Source: SL 1974, ch 3, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 29, 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.2. Repealed.

Source: SL 2011, ch 2, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.3. Bureau of Human Resources and Administration--Financing.

The operations of the Bureau of Human Resources and Administration in establishing and administering this chapter shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered. The fees and charges for services shall be designed, to the extent practicable, to recover all operational costs incurred to carry out the provisions of the contracts between public corporations and the Bureau of Human Resources and Administration.

Source: SL 1988, ch 11, § 6; SL 2006, ch 2, § 8; SL 2011, ch 2, § 14; SDCL § 1-14-12.16; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.4. Bureau of Human Resources and Administration--Commissioner--Duties--Oath.

The commissioner of human resources and administration, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Bureau of Human Resources and Administration. The commissioner shall qualify by taking and filing with the secretary of state the constitutional oath of office.

Source: SL 2024, ch 1 (Ex. Ord. 24-1), § 27, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.5. Bureau of Human Resources and Administration--Commissioner--Qualification.

No person may be appointed as the commissioner of human resources and administration unless the person has had experience in administration.

Source: SL 2024, ch 1 (Ex. Ord. 24-1), § 26, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.6. Commissioner of Human Resources and Administration--Member of Board of Finance.

The commissioner of human resources and administration shall be a member of the State Board of Finance continued by chapter 4-1.

Source: SDC 1939, § 55.2005 (20); SL 1970, ch 7, § 5; SDCL § 1-14-4; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.7. Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs.

The commissioner of human resources and administration shall be responsible for all accounting associated with contracts between the Bureau of Human Resources and Administration and the state agencies. The commissioner of human resources and administration shall establish uniform cost accounting procedures which shall include costs of administrative and operating overhead and charges to public corporations shall include the costs of operating and administrative overhead.

Source: SL 1988, ch 11, § 5; SDCL § 1-14-12.15; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.8. Commissioner of Human Resources and Administration--Local government service contracts limiting remedies.

The commissioner of human resources and administration may enter into local government service contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, authorizes a limitation of remedies which is contrary to the provisions of chapter 53-9.

Source: SL 1988, ch 11, § 7; SDCL § 1-14-12.17; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.9. Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations.

The commissioner of human resources and administration shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government and public corporations contracting for local government services as may promote the most efficient administration of the state and local governments as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he may require the same for such purposes from other departments, subdivisions, or officers of the state government.

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 9; SDCL § 1-14-14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.10. Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation.

Every political subdivision of this state may contract with the Bureau of Human Resources and Administration pursuant to this chapter for the performances of all public services and functions empowered by law for such subdivision. Each political subdivision may appropriate funds for contracts pursuant to this section.

Source: SL 1988, ch 11, § 10; SL 2011, ch 2, § 17; SDCL § 1-14-14.1; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.11. Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.

There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Human Resources and Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of human resources and administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30.

Source: SL 2004, ch 56, § 1, eff. Mar. 8, 2004; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1, Mar. 6, 2006; SL 2019, ch 1, § 1, eff. Mar. 21, 2019; SDCL § 1-14-3.1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.12. Central mail service fund--Apportionment of expenses.

There is hereby created a central mail service fund to encompass the operations of the capitol central mail system. The commissioner of human resources and administration shall apportion all expenses encountered in the operation of the capitol central mail system to all state departments, agencies, and institutions that utilize the system.

Source: SL 2011, ch 2, § 33; SDCL § 1-14-18; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-8.13. Central office supply program--Supply internal service fund.

The Bureau of Human Resources and Administration may provide a central supply program for the purpose of supplying office materials to the various departments of state government. There is created a supply internal service fund. The payment for supplies purchased for the various departments shall be made once each month to the supply internal service fund.

Source: SL 2011, ch 2, § 93; SDCL § 1-14-19; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-9. Bureau of Human Resources and Administration--Duties.

The Bureau of Human Resources and Administration shall:

(1) Provide workers' compensation coverage and a group health and flexible benefit plan for all state employees unless such duties are delegated to another agency pursuant to chapter 1-24;

(2) Administer recruitment and classification for all civil service employees unless such duties are delegated to another agency pursuant to chapter 1-24;

(3) Provide human resource management and programs including programs governing human resource planning, training and development, internships, performance evaluation, employee assessment and testing, classification, compensation, recruitment, and other matters relating to human resource management for all of the executive branch of state government under the control of the Governor and by agreement for other state government agencies;

(4) Perform all administrative functions for the Civil Service Commission;

(5) Employ such staff as are necessary to perform its duties;

(6) Contract as is necessary to perform its duties;

(7) Keep an exact and true inventory of all property, real and personal, belonging to the state and promulgate rules pursuant to chapter 1-26 enumerating the types and classes of public personal property to be included in the inventory required by § 5-24-1;

(8) Administer the procurement of supplies, services, and public improvements as prescribed in chapters 5-18A, 5-18B, and 5-18D;

(9) Supervise such central administrative services as transportation, mail, records management, and document reproduction services, and make provisions for the supplying of office supplies and furniture;

(10) Maintain the buildings and grounds of the capitol complex and install central facilities to be used by all state agencies under rules the bureau promulgates pursuant to chapter 1-26;

(11) Contract for the provision of food services, candy, and beverages in the capitol complex;

(12) Supervise the administration of the Office of Hearings Examiners;

(13) Administer the federal surplus property allotted to the state;

(14) Provide for the lease of real property necessary for the operation of state government;

(15) Administer a program of risk management for state government;

(16) Contract for services required by multiple state agencies, if the contract improves the efficiency of state government; and

(17) Take any other function as may be required by statute, executive order, or administrative action.

Source: SL 1973, ch 23, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2012, ch 23, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 28, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-9.1. Bureau of Human Resources and Administration continued.

The Bureau of Human Resources and Administration shall continue within the Department of Executive Management, and all its functions shall be performed by the Department of Executive Management.

The bureau shall maintain a central office in Pierre which shall be the official address of the bureau and the place for serving process or papers of any kind upon it.

Source: SDC 1939, § 55.2002; SL 1970, ch 7, § 1; SL 1973, ch 2, § 17; SDCL Supp, § 1-14-1.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 2, § 6; SL 2021, ch 5, § 1; SDCL § 1-14-1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-10. Repealed.

Source: SL 1973, ch 23, § 7; SL 2010, ch 19, § 1; SL 2012, ch 23, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 33, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-10.1. Bureau of Human Resources and Administration student internships.

There is hereby created a student intern program within the Bureau of Human Resources and Administration to provide administrative internships for students to foster knowledge and understanding of the governmental process and to provide assistance to the executive branch of state government.

Source: SL 2014, ch 10, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-11 to 1-33-13. Repealed by SL 2012, ch 23, §§ 6 to 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-14

1-33-14. Repealed by SL 1984, ch 207, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-15

1-33-15. Transferred to § 1-52-3.1 by SL 2005, ch 10, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-16

1-33-16 to 1-33-17. Repealed by SL 2005, ch 10, §§ 11 to 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-18

1-33-18 to 1-33-19.1. Transferred to §§ 1-52-3.2 to 1-52-3.4 by SL 2005, ch 10, §§ 14 to 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-19.2

1-33-19.2. Transferred to § 1-52-13 by SL 2009, ch 1, § 120.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-20

1-33-20. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-20.1

1-33-20.1. Repealed by SL 2005, ch 10, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-21. Community development block grant program transferred to Governor's Office of Economic Development.

The community development block grant program, which has been administered through the Department of Water and Natural Resources is hereby transferred to the Governor's Office of Economic Development.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 35.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-22

1-33-22. Transferred to § 1-52-3.5 by SL 2005, ch 10, §§ 21, 43.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-23

1-33-23. Repealed by SL 2005, ch 10, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-24

1-33-24, 1-33-25. Repealed by SL 1992, ch 13, §§ 1, 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-26. Creation of Office of Digital Dakota Network--Purposes--Policies and rules.

There is hereby created within the Bureau of Information and Telecommunications an Office of Digital Dakota Network for the purposes of advising the commissioner of information and telecommunications in identifying statewide video telecommunications network options, creating a telecommunications network, providing cost-effective services for education, government, business, and rural economic development, ensuring network uses are consistent with the best interests of the state and network users. The Bureau of Information and Telecommunications shall establish policies and rules to implement the Digital Dakota Network.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 17; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-27

1-33-27 to 1-33-29. Repealed by SL 2005, ch 16, §§ 8 to 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-30. Responsibilities of commissioner--Network use and programming.

The commissioner of information and telecommunications shall be responsible for administration of policies and administrative rules, and shall be responsible for network use and programming.

The functions provided in chapter 1-33 and the rule-making authority of § 1-33-38, as it regards the determination of issues related to use, programming, policies, and management of the network are hereby transferred to the Bureau of Information and Telecommunications.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 21; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-31. Bureau authorized to contract for expert assistance.

The Bureau of Information and Telecommunications may contract for expert assistance to assist in the performance of its responsibilities under this chapter.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 22; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-32. Bureau to submit budgets and proposals to Governor.

The Bureau of Information and Telecommunications shall prepare and submit budgets and proposals for management of the Digital Dakota Network to the commissioner of information and telecommunications.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 23; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-33. Acceptance and expenditure of funds.

The bureau may accept and expend any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10. The Bureau of Information and Telecommunications shall continue to be responsible for the expenditure of funds authorized for building, expanding, maintaining, and operating the network.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 24; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-34

1-33-34. Repealed by SL 2013, ch 13, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-35. Operation of network by Bureau of Information and Telecommunications.

Operation of the Digital Dakota Network including design of a video network structure compatible with the existing telecommunications infrastructure, the administration of a billing service system for users of the network and issues related to operation of the network shall continue to be the responsibility of the Bureau of Information and Telecommunications pursuant to chapter 1-33.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 26; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2005, ch 16, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-36. Adoption of rules for Digital Dakota Network.

The Bureau of Information and Telecommunications may adopt, pursuant to chapter 1-26, administrative rules regarding Digital Dakota Network operations, practices, procedures, billings, fees, sites, program sources, program content, program distribution, terminal sites, and any other need identified for successful operation of the Digital Dakota Network.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 27; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-37. Bureau of Information and Telecommunications created.

There is hereby created within the Department of Executive Management the Bureau of Information and Telecommunications.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-38. Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.

The head of the Bureau of Information and Telecommunications is the commissioner of information and telecommunications.

The Bureau of Information and Telecommunications shall be administered by the commissioner of information and telecommunications, who shall:

(1) Provide such assistance, under the rules and regulations as hereinafter provided, as shall be necessary for the efficient performance of the official duties imposed upon the various departments and divisions by this code;

(2) Employ such staff and maintain facilities as necessary to operate a local government services program which shall provide or arrange for services for public corporations pursuant to the provisions of § 1-33-45.

Source: SDC 1939, § 55.2005; SL 1943, ch 257, § 11; SL 1955, ch 243, § 1; SL 1963, ch 353, § 15; SL 1971, ch 5, § 6; SL 1974, ch 7; SL 1975, ch 12; SL 1979, ch 6; SL 1985, ch 33, § 17; SL 1988, ch 11, § 1; SL 1993, ch 162; SDCL, § 1-14-12; SL 1994, ch 412 (Ex. Ord. 94-4), § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-39. Appointment of commissioner of Bureau of Information and Telecommunications.

The commissioner of the Bureau of Information and Telecommunications shall be appointed by, and serve at, the pleasure of the Governor.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-40. Determining divisions within the Bureau of Information and Telecommunications.

Divisions within the Bureau of Information and Telecommunications shall be determined by the commissioner.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-41. Bureau of Information and Telecommunications authorized to contract with other state agencies.

The Bureau of Information and Telecommunications may contract with other state agencies for administrative support, accounting, payroll, and personnel services.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 28.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-42. Definitions.

Terms used in §§ 1-33-37 to 1-33-61, inclusive, unless the context otherwise plainly requires, mean:

(1) "Data processing," any automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; any related peripheral equipment such as, but not limited to, terminals, document scanners, word processors, intelligent copiers, disk units, tape units, controllers, plotters, offline memory storage, printer devices, and data transmission equipment; and any software such as, but not limited to, operating systems, teleprocessing monitors, data base monitors, library and maintenance routines, and application programs.

(2) "Office systems technology," office equipment such as typewriters, duplicating, photocopy, and paper handling machines or equipment, micrographic equipment, and printing equipment and services.

(3) "Services," the providing of consultant assistance for any aspect of information technology, to include data processing, office system technology, and telecommunication systems and networks.

(4) "Telecommunications," any transmission, emission, or reception of signals of any kind containing communications of any nature, by wire, radio, optical, or other electromagnetic means, including all facilities, equipment, supplies, and services for transmission, emission, or reception. Telecommunications does not include data processing services provided or authorized by the Bureau of Human Resources and Administration or Federal Communication Commission licensed facilities under the control of the South Dakota Board of Educational Telecommunications.

Source: SL 1983, ch 4, § 1; SL 1990, ch 446; SDCL, § 1-14-12.10; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-43. Functions of Bureau of Information and Telecommunications.

The Bureau of Information and Telecommunications shall perform functions to include:

(1) Providing technical and management assistance to state agencies and institutions as to systems or methods to be used to meet information and communication requirements efficiently and effectively;

(2) Developing and proposing operational technical standards for the state information systems which will ensure the interconnection of computer networks and information of state agencies;

(3) Purchasing from, or contracting with, suppliers and communications common carriers for communications facilities or services;

(4) Cooperating with any federal, state, or local emergency management agency in providing for emergency communication and information services;

(5) Providing, where deemed feasible, a means whereby local governmental agencies, the association authorized by § 13-8-10.1, and the school administrators of South Dakota may utilize the state communication and information systems and service;

(6) In cooperation with the appropriate state agencies, plan, design, and conduct experiments in information services, equipment, and technology, and to implement enhancements in the state information system; and

(7) Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 29; SL 1999, ch 227, § 11; SL 2018, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-44. Installation of data processing, telecommunication, and office equipment--Approval of requests.

The Bureau of Information and Telecommunications shall develop, install, and direct office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services to serve statewide needs. The Bureau of Information and Telecommunications may approve, disapprove, or modify requests of departments, agencies, commissions, institutions, or any other units of state government which involve the acquisition by lease or purchase of any office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services.

The bureau shall take into consideration the unique needs of the separate legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission when evaluating requests for software acquisition. Nothing in this section may be construed to prevent the legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission from carrying out their separate functions or responsibilities.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-21; SL 1982, ch 8; SL 1983, ch 4, § 2; SDCL, § 1-14-12.1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-45. Service agency for data processing--Agreements with political subdivisions.

The Bureau of Information and Telecommunications, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop and administer a service agency whose primary purpose shall be to serve statewide needs relating to automatic data processing services and to provide such services for any department, agency, commission, institution, or any other units of state government and for any of the political subdivisions of the state. The commissioner of information and telecommunications is hereby authorized to enter into agreements with any political subdivision for such purposes, and any political subdivision is hereby authorized to enter into such agreements for automatic data processing services.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-22; SDCL, § 1-14-12.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-46. Board of Regents--Joint exercise of power.

To effectuate the purposes of this chapter, the South Dakota Board of Regents may provide and enter into an agreement for the joint exercise of governmental power with the Bureau of Information and Telecommunications.

Source: SL 1983, ch 4, § 3; SDCL, § 1-14-12.11; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-47. Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.

Moneys appropriated to state boards, commissions, agencies, and other instrumentalities for the purchase of equipment may be paid to the Bureau of Information and Telecommunication and expended by the bureau to acquire the equipment by purchase or by lease. Moneys so paid in any year but not required to be expended for lease purchase payments shall be deposited in a fund administered by the Bureau of Information and Telecommunication which shall be available for renewal and replacement of existing equipment. Any money in the fund is continuously appropriated for the purposes of §§ 1-33-47 and 1-33-48.

Source: SL 1988, ch 15, § 1; SDCL, § 1-14-16; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-48. Commissioner allowed to enter into agreements to acquire equipment.

The commissioner of information and telecommunication may enter into purchase or lease-purchase agreements providing for the acquisition of equipment for state boards, commissions, agencies, and instrumentalities, and shall have all powers determined by the commissioner to be necessary to accomplish this purpose.

Source: SL 1988, ch 15, § 2; SDCL, § 1-14-17; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-49. Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.

The commissioner of information and telecommunications is empowered and it shall be his duty, to prescribe regulations, not inconsistent with law for the government of his bureau, the distribution and performance of its business, and the custody, use, and preservation of records, papers, books, and property pertaining thereto and on such other subjects as the law may specifically authorize him to make regulations.

The commissioner of information and telecommunications shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by § 1-33-38.

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 11; SDCL §§ 1-14-13, 1-14-14.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-50. Internal service fund for data processing--Use of revenues--Maximum operating balance.

There is hereby established in the state treasury a data processing internal service fund. Any receipts or revenues into said fund may be expended for the purpose of defraying the expenses of the data processing services provided by the service agency authorized by § 1-33-45. The fee schedule for services rendered by the service agency shall provide for a maximum operating balance of two months' average operating expenditures incurred by such operation. This average shall be calculated on an accrual basis and shall be double a moving monthly average of the twelve months' operating expenditures preceding the month of operation.

Source: SL 1966, ch 181; SDCL, § 4-7-23; SL 1970, ch 30, § 5; SL 1974, ch 41; SDCL, § 1-14-12.3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-51. Service agency financed by internal service fund--Fee schedule.

The operations of the service agency shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered which shall be receipted into the data processing internal service fund authorized and established in the state treasury by § 1-33-50. The fee schedule for such services shall be designed, to the extent practicable, to recover all costs incurred in the operation of the service agency.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-24; SDCL, § 1-14-12.5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-52

1-33-52. Repealed by SL 2013, ch 13, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-53. Contracts with leasing companies for purchase and lease of data processing equipment.

A state agency using leased automatic data processing equipment may, with the approval of the commissioner of information and telecommunications, enter into a contract with a leasing company for the lease or purchase by the agency of automatic data processing equipment with nonstate funds furnished by the company, and may transfer the title of the equipment to the leasing company for lease back to the agency at a rate which takes into account the value of any accruals applied to the equipment. A state agency may also transfer nonstate funds from a leasing company to the seller of automatic data processing equipment without complying with the requirements of law relating to the deposit of funds in the state treasury.

Source: SL 1978, ch 7, § 4; SDCL, § 1-14-12.9; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-54. Data processing service and maintenance contracts--Limitation of remedies.

The commissioner of information and telecommunications may enter into automatic data processing equipment and maintenance contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, shall authorize a limitation of remedies which is contrary to the provisions of chapter 53-9.

Source: SL 1978, ch 7, § 3; SDCL, § 1-14-12.8; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-55. Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.

Termination charges or fees for early termination of a state contract for automatic data processing equipment, not to exceed five thousand dollars, may be authorized by the commissioner of information and telecommunications if the requesting agency can pay the charges from its operating budget. If the charges or fees needed exceed five thousand dollars, they shall be paid from a special legislative appropriation for the purpose of paying the termination charges or fees for a particular contract.

Source: SL 1978, ch 7, § 2; SDCL, § 1-14-12.7; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-56

1-33-56. Repealed by SL 2013, ch 13, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-57. Functions, authorities, and positions of the Office of Educational Telecommunications transferred.

The functions, authorities, and positions of the Office of Educational Telecommunications, provided in chapter 13-47, are hereby transferred to the Bureau of Information and Telecommunications.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-58. Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.

The commissioner of information and telecommunications shall perform the functions of the secretary of the former Department of Education and Cultural Affairs relating to the Office of Educational Telecommunications, provided in chapter 13-47.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-59. Functions, authorities, and positions of Office of Digital Dakota Network transferred.

The functions, authorities, and positions of the Office of Digital Dakota Network, pursuant to chapter 1-33 are hereby transferred to the Bureau of Information and Telecommunications.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 24; SL 2005, ch 16, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-60

1-33-60. Repealed by SL 1995, ch 322 (Ex Ord 95-6), §§ 17, 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-61. Educational Telecommunications Board of Directors continued.

The Educational Telecommunications Board of Directors is hereby continued and shall exercise its established functions, provided in chapter 13-47, with relation to the Bureau of Information and Telecommunications.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33-62

1-33-62. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-63. Background investigation of information technology employees and contractors.

The commissioner of the Bureau of Information and Telecommunications may require any information technology employee, new employee, or contractor to pass a background investigation. The background investigation may be criminal or of another nature. The state and federal criminal background investigation shall be by means of a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation. The bureau shall submit the completed fingerprint card to the Division of Criminal Investigation before the new employee or contractor enters into service. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the background investigation. Any person whose employment or contract is subject to the requirements of this section shall pay any fee charged for the background investigation.

Source: SL 2017, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-64. Bureau of Information and Telecommunications--Administrative charges for IT services--Promulgation of rules.

The commissioner of information and telecommunications shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by § 1-33-38.

Source: SL 1988, ch 11, §§ 3, 11; SDCL § 1-14-14.2; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 31, 32, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33-65. Data processing, office systems, and telecommunications--Costs in contract.

The Bureau of Human Resources and Administration shall arrange with the Bureau of Information and Telecommunications for all data processing equipment, office systems technology, and telecommunications systems as may be required to implement the contracted service, with all costs for installation, leasing of equipment, maintenance, repair, and replacement to be included in the contract charges.

Source: SL 1988, ch 11, § 4; SDCL § 1-14-12.14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33A GOVERNOR'S OFFICE OF ENERGY POLICY [REPEALED]

CHAPTER 1-33A

GOVERNOR'S OFFICE OF ENERGY POLICY [REPEALED]

[Repealed by SL 1991, ch 16; Repealed and transferred to Chapter 1-33B by SL 1994, ch 410

(Ex. Ord. 93-9), §§ 17, 18]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-33B

ENERGY PERFORMANCE CONTRACTS

1-33B-1 Definition of terms.

1-33B-2 Energy conservation measure defined--Inclusions--Limitation.

1-33B-3 Request for proposal defined.

1-33B-3.1 Guaranteed cost savings defined.

1-33B-3.2 Investment-grade energy audit defined.

1-33B-3.3 Measurement and verification defined.

1-33B-3.4 Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.

1-33B-3.5 Evaluation of qualifications and proposals.

1-33B-3.6 Contract negotiation.

1-33B-3.7 Preparation of investment-grade energy audit.

1-33B-3.8 Contents of investment-grade energy audit.

1-33B-3.9 Costs of the investment-grade energy audit.

1-33B-3.10 Funds for payment of energy performance contract.

1-33B-3.11 Reduction in amount of financing--Contract term--Measurement and verification report.

1-33B-3.12 Costs for measurement and verification.

1-33B-3.13 Annual guaranteed cost savings--Shortfall.

1-33B-4 1-33B-4. Repealed by SL 2016, ch 14, § 16.

1-33B-4.1 Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.

1-33B-5 Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.

1-33B-6 Proposed improvements to state-owned buildings--Review by Bureau of Human Resources and Administration.

1-33B-7 1-33B-7. Repealed by SL 2016, ch 14, § 18.

1-33B-8 Written guarantee--Bond--Payment period not to exceed fifteen years.

1-33B-9 Contracts not subject to chapter 5-18A.

1-33B-10 Documentation of guaranteed savings--Deficiency paid by qualified provider.

1-33B-11 Executory contract clause--Liability of governmental unit.

1-33B-12 Continuance of contract--Payments.

1-33B-13 Termination of contract--Notice--Return of equipment or improvement.

1-33B-14 Functions of Governor's Office of Economic Development.

1-33B-15 Promulgation of rules.

1-33B-16 Powers of Governor's Office of Economic Development.

1-33B-17 Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.

1-33B-18 Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.

1-33B-19 Loans, leases or grants to municipality or county--Agreement upon terms and conditions.

1-33B-20 Loans for analysis and installation of energy conservation measures.

1-33B-21 Foreclosure to protect loans.

1-33B-22 Disbursements from energy conservation special revenue fund.

1-33B-23 Parties to whom loans authorized.

1-33B-24 Acquisition, lease, and sale of energy saving equipment.

1-33B-25 Acceptance of aid or contributions.

1-33B-26 Transfer of functions, responsibility, and authority of former Office of Energy Policy.

1-33B-27 School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-1. Definition of terms.

Terms used in this chapter mean:

(1) "Cost-effective" or "cost-effectiveness," that the sum of guaranteed cost savings are equal to or exceed any financing repayment obligation each year of a finance term;

(2) "Cost-saving measure," a cost-effective improvement, repair, or alteration of equipment fixtures, or furnishings added to or used in a facility that is designed to reduce energy consumption, water consumption, or operation and maintenance costs. The term also includes vehicle acquisitions, changes to utility rate or tariff schedules, or fuel source changes that result in costs savings;

(3) "Energy performance contract," a contract between a governmental unit and a qualified energy service provider for evaluation, recommendation, and implementation of one or more cost-saving measures, evaluation of cost-effectiveness, and guaranteed cost savings;

(4) "Finance term," the length of time for repayment of funds borrowed for an energy performance contract;

(5) "Governmental unit," state government or any political subdivision of the state;

(6) "Guarantee period," the period of time from the effective date of a contract until guaranteed cost savings are achieved;

(7) "Operation and maintenance cost savings," a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures, calculated using baseline operation and maintenance costs. The term does not include the shifting of personnel costs or similar short-term cost savings that cannot be definitively measured;

(8) "Qualified energy service provider" or "provider," a person, business, or state agency with experience in the design, implementation, or installation of cost saving measures, who can demonstrate the financial capabilities of completing the obligations stipulated to in an energy performance contract;

(9) "Utility cost savings," expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service provider. The term includes expenses for natural gas, propane or similar fuels, electricity, water, waste water, and waste disposal.

Source: SL 1992, ch 14, § 1; SL 2016, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-2. Energy conservation measure defined--Inclusions--Limitation.

For the purposes of this chapter, the term, energy conservation measure, means a training program or facility alteration intended to reduce either energy consumption or operating costs, or both, or increase operating revenues through the generation of energy, renewable energy, or improved metering technology, including the following:

(1) Insulation of the building or any structure associated with the building;

(2) Window or door replacement, weather stripping, or modifications that reduce energy consumption;

(3) Automated or computerized energy control systems;

(4) Replacement or modification to increase the energy efficiency of the lighting, heating, air conditioning, or ventilating systems;

(5) Energy recovery or cogeneration systems;

(6) Repair or maintenance items, when included in energy efficiency improvements of the building, if overall measures meet the fifteen-year payback as provided in § 1-33B-3.11;

(7) Energy source conversions which provide either operational or energy cost savings, or both; and

(8) Other energy or utility-related improvements in facilities, systems, or technology that improve energy or metering efficiency or increase operating revenues through the generation of energy, renewable energy, or improved metering technology.

Nothing in this section addresses the relationship between an electric utility and its customer under a proposed energy exchange contract, where the customer seeks status as a qualifying facility under the Public Utility Regulatory Policies Act of 1978, as defined by 18 CFR Part 292, Subpart B, as it existed on January 1, 2005.

Source: SL 1992, ch 14, § 2; SL 2005, ch 20, § 1; SL 2021, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3. Request for proposal defined.

For the purposes of this chapter, the term, request for proposal, means a procurement announcement through a public notice, from a governmental unit which administers the program. The request for proposal shall include the following:

(1) The name and address of the governmental unit;

(2) The name, address, title, and phone number of contact person;

(3) The response due date and time deadline;

(4) The location and scope of the project;

(5) The project completion deadline;

(6) The evaluation criteria for awarding a contract; and

(7) Any other stipulations and clarifications the governmental unit may require.

Source: SL 1992, ch 14, § 3; SL 2009, ch 1, § 121; SL 2016, ch 14, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.1. Guaranteed cost savings defined.

For the purposes of this chapter, the term, guaranteed cost savings, means a guaranteed annual measurable monetary reduction in utility, operating, and maintenance costs for each year of a guarantee period as a result of cost-saving measures. Guaranteed cost savings for utility savings shall be calculated using the mutually agreed upon baseline utility rates in use at the time of an investment-grade energy audit. Guaranteed cost savings for operation and maintenance cost savings shall be calculated using mutually agreed upon baseline operation and maintenance costs at the time of an investment-grade energy audit.

Source: SL 2016, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.2. Investment-grade energy audit defined.

For the purposes of this chapter, the term, investment-grade energy audit, means a study of energy or water usage of a public building, including a detailed description of the improvements recommended for the project, the estimated cost of the improvements, and the utility, operation, and maintenance cost savings projected to result from the recommended improvements. The study shall contain all of the information required pursuant to § 1-33B-3.

Source: SL 2016, ch 14, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.3. Measurement and verification defined.

For the purposes of this chapter, the term, measurement and verification, means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. The measurement and verification report may be for an individual cost-saving measure or an entire project. The governmental unit shall determine which measurement and verification method to utilize.

Source: SL 2016, ch 14, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.4. Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.

A governmental unit may solicit submissions of qualifications to enter into an energy performance contract by providing public notice to qualified energy service providers. The notice shall invite qualified energy service providers to submit qualifications and proposals for investment grade energy audits. Governmental units shall utilize chapter 36-18A to determine the minimum educational qualifications of a qualified energy service provider. The governmental unit shall comply with procurement procedures for professional services provided under §§ 5-18D-17 to 5-18D-22, inclusive.

Source: SL 2016, ch 14, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.5. Evaluation of qualifications and proposals.

The governmental unit shall evaluate the qualifications and proposals of qualified energy service providers according to the quality of the provider's technical approach and the provider's experience with:

(1) Design, engineering, and installation of cost-saving measures;

(2) Overall project management;

(3) Projects of similar size and scope;

(4) Post installation measurement and verification of guaranteed cost savings;

(5) Project commissioning;

(6) Training of building operators; and

(7) Conversions to a different fuel source.

Source: SL 2016, ch 14, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.6. Contract negotiation.

The governmental unit may negotiate a contract with the most qualified energy service provider at a price that the governmental unit determines fair and reasonable, taking into account the scope of the services rendered. The provider selected is not required to have submitted the proposal with the lowest cost. If the governmental unit is unable to negotiate a satisfactory contract with the provider, negotiations with that provider shall be formally terminated, and the governmental unit may select the next provider until an agreement is reached or the process is terminated. The governmental unit may choose to reject all proposals.

Source: SL 2016, ch 14, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.7. Preparation of investment-grade energy audit.

A qualified energy service provider, selected by a governmental unit pursuant to §§ 1-33B-3 and 1-33B-3.4 to 1-33B-3.6, inclusive, shall prepare an investment-grade energy audit. The audit shall be incorporated into the energy performance contract.

Source: SL 2016, ch 14, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.8. Contents of investment-grade energy audit.

An investment-grade energy audit shall include estimates of all costs and guaranteed cost savings for the proposed energy performance contract, including cost of design, engineering, equipment, materials, installation, maintenance, repairs, monitoring and verification, commissioning, training, and debt service.

Source: SL 2016, ch 14, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.9. Costs of the investment-grade energy audit.

A qualified energy service provider and the governmental unit shall agree on the cost of an investment-grade energy audit before it is conducted. If an investment-grade energy audit is completed, and the governmental unit does not execute an energy performance contract, the governmental unit shall pay the full costs of the investment-grade energy audit. If the governmental unit executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental unit, paid for by the governmental unit.

Source: SL 2016, ch 14, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.10. Funds for payment of energy performance contract.

A governmental unit may pay for an energy performance contract with funds designated for operating costs, capital expenditures, utility costs, lease payments, installment payment contracts, lease purchase agreements, or bonds issued pursuant to law.

Source: SL 2016, ch 14, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.11. Reduction in amount of financing--Contract term--Measurement and verification report.

All permissible sources, including utility incentives, grants, operating costs, or capital budgets, may be used to reduce the amount of financing.

An energy performance contract may extend beyond the current fiscal year, but may not exceed fifteen years, the cost-weighted average useful life of the cost-saving measure, or the term of financing, whichever is shortest.

During the guarantee period, a qualified energy service provider shall measure and verify reductions in energy consumption and costs attributable to cost-saving measures implemented pursuant to an energy performance contract and prepare and provide a measurement and verification report to the governmental unit at least once a year.

Source: SL 2016, ch 14, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.12. Costs for measurement and verification.

Costs for measurement and verification shall be included in an energy performance contract and paid by the governmental unit during an initial monitoring period of no less than three years.

The energy performance contract shall provide that, if guaranteed cost savings are not achieved during any year in the initial monitoring period, the qualified energy service provider shall pay the costs for measurement and verification reports until guaranteed cost savings are achieved for all consecutive years equal to the initial monitoring period.

Source: SL 2016, ch 14, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-3.13. Annual guaranteed cost savings--Shortfall.

Except as provided in this section, the qualified energy service provider shall pay the governmental unit the amount of any verified annual guaranteed cost savings shortfall each year until guaranteed cost savings are achieved for each year in an initial monitoring period as established in § 1-33B-3.12. The amount of cost savings achieved during a year shall be determined using the baseline rates used in guaranteed cost savings.

In the case of a shortfall, the governmental unit and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term.

If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost savings remain with the governmental unit. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period.

Source: SL 2016, ch 14, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33B-4

1-33B-4. Repealed by SL 2016, ch 14, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-4.1. Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.

Notwithstanding § 9-25-16 or any other provision of law, the Governor's Office of Energy Policy may make loans, leases, or grants to any municipality or county from the energy conservation loan special revenue fund. The terms and conditions of loans, leases, or grants made pursuant to this section shall be agreed to by the municipality or county by resolution and the Governor's Office of Energy Policy.

Source: SL 1990, ch 62, § 1; SL 1991, ch 16, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-5. Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.

The governmental unit shall forward a copy of the evaluation and proposed guaranteed energy savings contract to the Governor's Office of Economic Development for inclusion in the documentation of the Governor's Office of Economic Development energy conservation report.

Source: SL 1992, ch 14, § 5; SL 1994, ch 410 (Ex. Ord. 93-9), § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-6. Proposed improvements to state-owned buildings--Review by Bureau of Human Resources and Administration.

For state owned buildings, the governmental unit shall receive permission from the Bureau of Human Resources and Administration and conform to all state laws and rules as they apply to renovating or retrofitting state-owned buildings before submitting a request for proposals under §§ 1-33B-3 and 1-33B-3.4 to 1-33B-3.6, inclusive. The Bureau of Human Resources and Administration shall review the proposal and notify the governmental unit of its findings within thirty days.

Source: SL 1992, ch 14, § 6; SL 2016, ch 14, § 17; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-33B-7

1-33B-7. Repealed by SL 2016, ch 14, § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-8. Written guarantee--Bond--Payment period not to exceed fifteen years.

The contract shall include a written guarantee of the qualified provider that either the energy or operating cost savings, or both, will meet or exceed the costs of the energy efficiency measure within fifteen years. A qualified provider shall provide a sufficient bond to the governmental unit for the installation and the faithful performance of all the measures included in the contract covering the first two years of the contract. The guaranteed energy savings, projected for any additional year of the contract, shall be guaranteed by the qualified provider. The qualified provider shall reimburse the governmental entity for any shortfall of guaranteed energy savings projected in the contract. The guaranteed energy savings contract may provide for payments over a period not exceeding fifteen years.

Source: SL 1992, ch 14, § 8; SL 2003, ch 21, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-9. Contracts not subject to chapter 5-18A.

Guaranteed energy savings contracts are not subject to the requirements of chapter 5-18A.

Source: SL 1992, ch 14, § 9; SL 2011, ch 2, § 107.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-10. Documentation of guaranteed savings--Deficiency paid by qualified provider.

The governmental unit shall document the operational and energy cost savings specified in the guaranteed energy savings contract and designate and appropriate that amount for an annual payment of the contract. If the annual energy savings are less than projected under the guaranteed energy savings contract the qualified provider shall pay the difference as provided in § 1-33B-8.

Source: SL 1992, ch 14, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-11. Executory contract clause--Liability of governmental unit.

Any guaranteed energy savings contract entered into by a governmental unit shall contain the following clause: "This contract shall be deemed executory only to the extent of the moneys appropriated and available for the purpose of the contract, and no liability on account therefor may be incurred beyond the amount of such moneys. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available moneys for the purpose of this contract."

Source: SL 1992, ch 14, § 11; SL 2009, ch 1, § 122.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-12. Continuance of contract--Payments.

If the governmental unit reasonably believes that legally available funds of an amount sufficient to make all contractual payments during the original term and each of the renewal terms can be obtained either through projected operational or energy savings, or both, or a performance bond guaranteeing such savings, the governmental entity shall continue the contract through the original term and all of the renewal terms and pay the contracted payments.

Source: SL 1992, ch 14, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-13. Termination of contract--Notice--Return of equipment or improvement.

If the governmental entity, determines not to appropriate funds for contract payments for any contractual term, the governmental entity may terminate the contract at the end of the term in effect. After giving notice of termination, no governmental entity is obligated to make payments under the contract beyond those agreed to for the contractual term in effect. The governmental entity shall deliver notice to terminate the contract to the qualified provider at least ninety days prior to the end of the term. The governmental entity shall peaceably deliver any equipment or improvement purchased under the contract to the qualified provider subject to reasonable terms and conditions agreed upon by both parties.

Source: SL 1992, ch 14, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-14. Functions of Governor's Office of Economic Development.

The Governor's Office of Economic Development may perform the following functions:

(1) Advise the Governor on policy matters related to production, allocation, planning, research, development and conservation of energy;

(2) Act as the representative for the State of South Dakota in coordination with federal agencies concerned with energy;

(3) Implement federal energy programs sponsored by the State of South Dakota;

(4) Formulate energy policies and programs to guide the management of energy resources and use within the State of South Dakota;

(5) Coordinate with other agencies and departments of state government concerned with the effects of energy policies and programs;

(6) Collect, analyze, and disseminate information on energy policies and programs;

(7) Promote, through the development and implementation of plans, the conservation of energy resources by all energy consumers, including state and local government;

(8) Evaluate and recommend public policies relative to energy development and distribution which have an impact on South Dakota;

(9) Represent the Governor and the State of South Dakota in regard to national, regional, and state organizations concerned with energy consumption, development, and distribution;

(10) Establish plans and programs, within the established federal guidelines, concerning the use and distribution of the petroleum violation escrow funds, federal funds, or other funds;

(11) Implement energy conservation loan, lease, and grant programs utilizing the petroleum violation escrow funds, federal funds, or other funds; and

(12) Perform such other duties as may be delegated by the Governor.

Source: SL 1991, ch 16, § 3; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 123; SL 2011, ch 1 (Ex. Ord. 11-1), § 95, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-15. Promulgation of rules.

The Governor's Office of Economic Development may adopt rules, pursuant to chapter 1-26, to establish procedures to implement loan, lease, and grant programs, including programs developed pursuant to the Institutional Conservation Program as authorized by P.L. 95-691, 92 Stat 3238, 42 U.S.C. 6371, and 10 CFR 455 and for the acceptance and expenditure of any other funds obtained from federal sources, gifts, contributions, or any other source. However, no such funds may be expended until appropriated by the Legislature. The rules may:

(1) Establish the procedures for applicants to apply for loans, leases, or grants under this section;

(2) Establish the criteria for determining which applicants will receive such loans, leases, or grants;

(3) Establish the use of proceeds of such loans, leases, or grants;

(4) Establish the criteria for the terms and conditions upon which such loans, leases, or grants shall be made, including the terms of security given, if any, to secure loans or leases;

(5) Establish the use of proceeds by lenders of funds advanced to such lenders under this section, including the terms and conditions upon which such proceeds shall be loaned to borrowers for the purposes described in this section;

(6) Establish the criteria for the lease and purchase plans, determining the type of equipment and the terms under which it may be leased;

(7) Establish the criteria and procedures for the repayment and redeposit of loan and lease payments;

(8) Establish the criteria and procedures for monitoring use of loan or grant funds and leased equipment, including on-site review; and

(9) Establish the criteria and procedures for terminating the loan, lease, or grant in case of violations of rules established under this section governing the use of funds loaned or granted or equipment leased.

Source: SL 1991, ch 16, § 5; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 124; SL 2011, ch 1 (Ex. Ord. 11-1), § 95, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-16. Powers of Governor's Office of Economic Development.

The Governor's Office of Economic Development, in order to implement § 1-33B-14, may:

(1) Make contracts and execute all instruments;

(2) Establish interest rates within the bounds as otherwise statutorily provided;

(3) Collect fees and charges, as are determined to be necessary, reasonable and proper in connection with its loans, advances, leases, grants, servicing, and other activities;

(4) Provide for the repayment and redeposit of loan and lease payments;

(5) Sue or be sued;

(6) Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interests held by it, either by action or by exercise of a power of sale, and sell the equity of redemption in the security interests in accordance with the terms of the instruments and applicable state law, and take any other actions necessary to enforce any obligation held by it;

(7) Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(8) Make, and undertake commitments to make, loans or deposits of funds or lease equipment under terms and conditions for the purposes as stated in this chapter; and

(9) Make, and undertake commitments to make, loans or deposits of funds or equipment with lenders under terms and conditions which shall require the lenders to make loans of funds or lease equipment for the purposes as stated in this chapter.

Source: SL 1991, ch 16, § 6; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-17. Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.

The Governor's Office of Economic Development may establish in the state treasury such accounts as may be necessary to deposit the petroleum violation escrow funds and other funds from which to make the loans and grants authorized under § 1-33B-14. However, no such funds may be expended until appropriated by the Legislature. All funds may be invested by the state investment officer pursuant to chapter 4-5.

Source: SL 1991, ch 16, § 7; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-18. Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.

There is established in the state treasury a special revenue fund known as the energy conservation loan special revenue fund for the purposes of making loans, leases, or grants for energy conservation. Any money in the conservation loan special revenue fund is continuously appropriated.

Source: SL 1988, ch 22, § 4; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-19. Loans, leases or grants to municipality or county--Agreement upon terms and conditions.

Notwithstanding § 9-25-16 or any other provision of law, the Governor's Office of Economic Development may make loans, leases, or grants to any municipality or county from the energy conservation loan special revenue fund. The terms and conditions of loans, leases, or grants made pursuant to this section shall be agreed to by the municipality or county by resolution and the Governor's Office of Economic Development.

Source: SL 1990, ch 62, § 1; SL 1991 ch 16, § 13; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-20. Loans for analysis and installation of energy conservation measures.

The Governor's Office of Economic Development may make loans, leases, or grants for the purposes of conducting technical analyses of facilities to determine appropriate energy conservation measures and to install such energy conservation measures and leased equipment as are approved under applicability rules as may be established for the program.

Source: SL 1991, ch 16, § 8; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-21. Foreclosure to protect loans.

The Governor's Office of Economic Development may take title by foreclosure to any property given as security if such acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. If such sale, transfer, or conveyance cannot be effected with reasonable promptness, the office may, in order to minimize financial loss, and sustain employment, lease such property to a responsible tenant or tenants.

Source: SL 1991, ch 16, § 9; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-22. Disbursements from energy conservation special revenue fund.

Disbursements from the energy conservation special revenue fund shall be paid on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development.

Source: SL 1988, ch 22, § 7; SL 1991, ch 16, § 14; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 125; SL 2011, ch 1 (Ex. Ord. 11-1), § 97, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-23. Parties to whom loans authorized.

The Governor's Office of Economic Development may make loans, leases, or grants to other state agencies or institutions, local units of government, public and private nonprofit organizations, commercial enterprises, and individuals.

Source: SL 1991, ch 16, § 10; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-24. Acquisition, lease, and sale of energy saving equipment.

The Governor's Office of Economic Development may acquire, lease, or sell such energy saving devices and equipment as are appropriate to carry out the programs authorized by this chapter.

Source: SL 1991, ch 16, § 11; SL 1994, ch 410 (Ex. Ord. 93-9), §§ 17, 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-25. Acceptance of aid or contributions.

The Governor's Office of Economic Development may receive and accept from any source, aid, or contribution of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grants or contributions are made, including, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter.

Source: SL 1991, ch 16, § 12; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-26. Transfer of functions, responsibility, and authority of former Office of Energy Policy.

All statutory and other functions, administrative responsibilities, and rule-making authority, including quasi-legislative, quasi-judicial, advisory, and special budgetary functions, of the former Office of Energy Policy shall be transferred to the Governor's Office of Economic Development.

All of the functions, programs, personnel, and property of the former Governor's Office of Energy Policy are transferred to the Governor's Office of Economic Development.

Source: SL 1991, ch 16, § 15; SL 1994, ch 410 (Ex. Ord. 93-9), §§ 17, 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-33B-27. School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.

If a school district enters into an energy savings contract pursuant to chapter 1-33B, the school district may deposit the proceeds from any loan related to the energy savings contract into its general fund or its capital outlay fund. The school district may deposit money resulting from energy savings pursuant to an energy savings contract into its general fund or its capital outlay fund. The school district may repay the loan pursuant to an energy savings contract out of money in its general fund or its capital outlay fund.

Source: SL 2001, ch 13, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-34 DEPARTMENT OF PUBLIC SAFETY [TRANSFERRED]

CHAPTER 1-34

DEPARTMENT OF PUBLIC SAFETY [TRANSFERRED]

[Repealed by SL 1984, ch 343, § 17; superseded; transferred to Chapter 1-35]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35 DEPARTMENT OF COMMERCE AND REGULATION [REPEALED AND</Div> TRANSFERRED]

CHAPTER 1-35

DEPARTMENT OF COMMERCE AND REGULATION [REPEALED AND

TRANSFERRED]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-1

1-35-1. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-2

1-35-2. Repealed by SL 2003, ch 272, § 83.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-2.1

1-35-2.1. Repealed by SL 1996, ch 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-3

1-35-3. Repealed by SL 2003, ch 272, § 84.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-4. Transferred to § 1-37-21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-4.1

1-35-4.1. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-4.2

1-35-4.2. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-5. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-6

1-35-6. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-6.1

1-35-6.1. Repealed by SL 2003, ch 272, § 86.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-6.2, 1-35-7. Transferred to §§ 1-51-10, 1-51-11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-7. Performance by Division of Commercial Inspection and Licensing of heavy scales functions.

The Division of Commercial Inspection and Licensing shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37-22.

Source: SL 1973, ch 2, § 53; SL 1974, ch 19, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 88; SL 2004, ch 17, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-7.1

1-35-7.1. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-7.2

1-35-7.2. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-8

1-35-8. Repealed by SL 2003, ch 272, § 89.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-9

1-35-9. Repealed by SL 1982, ch 16, § 11; SL 1982, ch 17, § 40.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-10

1-35-10. Repealed by SL 2003, ch 272, § 90.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-11

1-35-11. Repealed by SL 1982, ch 14, § 2; SL 1982, ch 17, § 42.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-12

1-35-12. Repealed by SL 1978, ch 301, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-12.1

1-35-12.1. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-13, 1-35-14. Transferred to §§ 1-37-6.1, 1-37-6.2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-35-14. Administrative functions performed for commission of human rights.

The Division of Human Rights shall, under the direction and control of the director of human rights, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the commission of human rights created by chapter 20-13.

Source: SL 1973, ch 2, § 65.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-15

1-35-15. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-16

1-35-16 to 1-35-21. Transferred to §§ 1-42-18 to 1-42-23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-22

1-35-22. Repealed by SL 2003, ch 272, § 93.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-23

1-35-23. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-24

1-35-24. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-25

1-35-25. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-26

1-35-26. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-27

1-35-27. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-28

1-35-28. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-29

1-35-29. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-35-30

1-35-30. Superseded and executed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-36

DEPARTMENT OF SOCIAL SERVICES

1-36-1 Department continued.

1-36-2 Secretary as head of department.

1-36-3 Board of Social Services--Appointment and terms of members.

1-36-4 Officers of board--Functions--Meetings.

1-36-5 1-36-5. Superseded.

1-36-5.1 Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.

1-36-6 1-36-6. Superseded.

1-36-6.1 Performance of functions of former director of social welfare and former director of human development.

1-36-7 1-36-7. Superseded.

1-36-7.1 Performance of functions of former Division of Social Welfare.

1-36-7.2 Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.

1-36-7.3 1-36-7.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 105, eff. Apr. 12, 2011.

1-36-7.4 Performance of administrative functions for commission on status of women.

1-36-8 1-36-8 to 1-36-10. Repealed by SL 1977, ch 226, § 26.

1-36-11 1-36-11. Superseded.

1-36-12 1-36-12. Repealed by SL 1980, ch 26, § 11.

1-36-13 1-36-13. Superseded.

1-36-14 1-36-14. Repealed by SL 1980, ch 26, § 12.

1-36-15 1-36-15. Superseded.

1-36-16 1-36-16. Superseded.

1-36-16.1 1-36-16.1. Omitted.

1-36-17 1-36-17, 1-36-18. Repealed by SL 1977, ch 198, § 22.

1-36-18.1 1-36-18.1. Superseded.

1-36-18.2 1-36-18.2. Omitted.

1-36-19 1-36-19. Repealed by SL 1977, ch 198, § 22.

1-36-20 Secretary may adopt federally mandated rules--Procedure--Effective date.

1-36-21 Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.

1-36-22 Compensation for such support--Disposition of funds.

1-36-23 Transfer of institutional residents--Payment of expenses.

1-36-24 Contracts with federal government for care of persons--Compensation.

1-36-25 Promulgation of rules.

1-36-26 1-36-26. Repealed by SL 2016, ch 15, § 2.

1-36-27 Human Services Center transferred.

1-36-28 Division of Mental Health transferred.

1-36-29 Board of Social Work Examiners transferred.

1-36-30 Board of Examiners of Psychologists transferred.

1-36-31 1-36-31 to 1-36-34. Repealed by SL 2016, ch 15, §§ 3 to 6.

1-36-35 Repealed.

1-36-36 Criminal background investigation of new employees--Temporary employment--Fees.

1-36-37 Statewide centralized resource information system.

1-36-38 Indian Child Welfare Advisory Council--Purpose--Members--Terms.

1-36-39 Indian Child Welfare Advisory Council--Meetings--Chair.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-1. Department continued.

The Department of Social Services is hereby continued.

Source: SL 1973, ch 2, § 66.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-2. Secretary as head of department.

The head of the Department of Social Services is the secretary of social services.

Source: SL 1973, ch 2, § 67.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-3. Board of Social Services--Appointment and terms of members.

The Board of Social Services is hereby continued within the Department of Social Services and shall consist of seven members, not more than four of which may be members of the same political party, appointed by the Governor and subject to removal for cause only. The term of office of each member is three years. The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.

Source: SL 1973, ch 2, § 69; SL 2012, ch 16, § 8; SL 2013, ch 176, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-4. Officers of board--Functions--Meetings.

The Board of Social Services shall annually elect from its members such officers as it deems advisable. A majority of the board members shall be required to constitute a quorum. The quasi-legislative, quasi-judicial, and special budgetary functions of the Board of Social Services are transferred to the secretary of social services; otherwise the board shall exercise such functions as are assigned to it by this chapter and such other functions as may be assigned to it by law. The board shall hold meetings at the call of the chairman, but there shall be at least one meeting every six months.

Source: SL 1973, ch 2, § 69; SL 1980, ch 372, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-5

1-36-5. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-5.1. Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.

The divisions of social welfare, mental health and mental retardation, and human development within the Department of Social Services pursuant to chapter 1-36 are hereby abolished and the Department of Social Services shall consist of agencies and programs created by law, executive order, and administrative action and placed within the department.

Source: SL 1981, ch 376, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-6

1-36-6. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-6.1. Performance of functions of former director of social welfare and former director of human development.

The secretary of social services, as head of the Department of Social Services, shall perform all functions under chapter 1-36 of the former director of social welfare and the former director of human development.

Source: SL 1981, ch 376, § 18; SL 1989, ch 21, § 27.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-7

1-36-7. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-7.1. Performance of functions of former Division of Social Welfare.

The functions of the former Division of Social Welfare under chapter 1-36 and Title 28, are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-7.2. Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.

The functions of the former Division of Human Development under chapter 1-36 and the functions of the former Office of Community Services and the supervisor of the Office of Community Services under chapters 26-4 and 26-6 are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-7.3

1-36-7.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 105, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-7.4. Performance of administrative functions for commission on status of women.

The Department of Social Services shall, under the direction of the secretary of social services, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the commission on the status of women created by chapter 20-14, and may provide staff assistance for the commission and may purchase supplies and equipment for the commission as necessary.

Source: SL 1981, ch 376, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-8

1-36-8 to 1-36-10. Repealed by SL 1977, ch 226, § 26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-11

1-36-11. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-12

1-36-12. Repealed by SL 1980, ch 26, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-13

1-36-13. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-14

1-36-14. Repealed by SL 1980, ch 26, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-15

1-36-15. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-16

1-36-16. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-16.1

1-36-16.1. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-17

1-36-17, 1-36-18. Repealed by SL 1977, ch 198, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-18.1

1-36-18.1. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-18.2

1-36-18.2. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-19

1-36-19. Repealed by SL 1977, ch 198, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-20. Secretary may adopt federally mandated rules--Procedure--Effective date.

If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§ 1-26-4 to 1-26-6, inclusive, serve a copy of the proposed rule, a copy of the appropriate federal statute, rule, or regulation, and an affidavit stating that such proposed rule is mandated by the attached federal statute, rule, or regulation on the director. The director shall review the rules received as to the sufficiency of the form and style and as to their legality. If the director finds need for change, the director shall make any requirements known in writing within three days of service. Five days after service, and upon complying with the requirements of the director, the secretary may file the proposed rule with the secretary of state. Any rule adopted under this section is provisionally effective immediately upon filing or at a later date if required in the federal statute or rule and specified by the department.

Source: SL 1980, ch 19, § 1; SL 1987, ch 29, § 64; SL 1989, ch 16, § 14; SL 1996, ch 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-21. Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.

The Department of Social Services may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.

Source: SL 1989, ch 21, § 12; SDCL § 1-36A-1.12; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-22. Compensation for such support--Disposition of funds.

The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. Such compensation when received shall be deposited with the state treasurer and credited to the funds of the institution affected, as directed by the secretary of social services and shall be expended for the same purposes and in the same manner as other funds credited to such institution are expended.

Source: SL 1989, ch 21, § 13; SDCL § 1-36A-1.13; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-23. Transfer of institutional residents--Payment of expenses.

The Department of Social Services may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.

The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of social services or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.

Source: SL 1989, ch 21, § 14; SDCL § 1-36A-1.14; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-24. Contracts with federal government for care of persons--Compensation.

The Department of Social Services may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.

Source: SL 1989, ch 21, § 15; SDCL § 1-36A-1.15; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 163, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-25. Promulgation of rules.

The secretary of the Department of Social Services may promulgate rules, pursuant to chapter 1-26, for the Division of Behavioral Health pertaining to any individual, organization, or corporation which receives directly or indirectly financial assistance from the state if such assistance is under the department's supervision. The rules may govern:

(1) Management and administration, including fiscal control, program planning, implementation, and evaluation;

(2) Physical facilities, except matters covered by local fire and building codes or regulations;

(3) Service administration, including client rights, confidentiality, treatment planning, and statistical reporting;

(4) Service components, including outpatient, emergency, liaison, psychiatric rehabilitation, residential, consultation and education, and case management; and

(5) Staff qualifications.

Source: SL 1992, ch 16; SDCL § 1-36A-1.26; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 14, 72, 163, eff. Apr. 12, 2011; SL 2016, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-26

1-36-26. Repealed by SL 2016, ch 15, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-27. Human Services Center transferred.

The Human Services Center, Yankton, is hereby transferred from the Department of Human Services to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services relating to the Human Services Center, Yankton.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. April 12, 2011; SL 2023, ch 94, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-28. Division of Mental Health transferred.

The Division of Mental Health created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Division of Mental Health.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 72, eff. April 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-29. Board of Social Work Examiners transferred.

The Board of Social Work Examiners, created by chapter 36-26, and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Social Work Examiners.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 73, eff. April 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-30. Board of Examiners of Psychologists transferred.

The Board of Examiners of Psychologists, created by chapter 36-27A, and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Examiners of Psychologists.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 74, eff. April 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36-31

1-36-31 to 1-36-34. Repealed by SL 2016, ch 15, §§ 3 to 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-35. Repealed.

Source: SL 2011, ch 12, § 1; SL 2018, ch 145, § 3; SL 2024, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-36. Criminal background investigation of new employees--Temporary employment--Fees .

Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health aide, long term services and supports specialist, long term services and supports supervisor, and regional manager in the Division of Long Term Services and Supports shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 2; SL 2017, ch 230 (Ex. Ord. 17-1), § 20, eff. Apr. 13, 2017; SL 2018, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-37. Statewide centralized resource information system.

The Department of Social Services shall cooperate with and support each county in the development and maintenance of a statewide centralized resource information system accessible to any resident of this state. The resource information system shall be accredited by the Alliance of Information and Referral Systems and shall provide information for and referrals to resources for a person in a crisis or disaster; resources for social services, human services, legal assistance, financial assistance, or for other related needs; and assistance for mental health, physical health, or substance abuse.

Source: SL 2019, ch 7, § 1; SL 2020, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-38. Indian Child Welfare Advisory Council--Purpose--Members--Terms.

The Indian Child Welfare Advisory Council is hereby established within the Department of Social Services to facilitate communication, collaboration, and cooperation between the tribes, the department, and other subject matter experts; to promote the exchange of ideas and innovative solutions related to Indian child welfare; to expand partnerships with applicable stakeholders; and to assist the department in formulating policies and procedures relating to Indian child welfare.

The council consists of a representative of the department, appointed by the secretary of the Department of Social Services, one representative from each of the nine tribes in South Dakota, appointed by the tribal council of the tribe, one member of the House of Representatives appointed by the speaker of the House of Representatives, and one member of the Senate appointed by the president pro tempore of the Senate. The council members shall serve for two-year terms.

Source: SL 2024, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36-39. Indian Child Welfare Advisory Council--Meetings--Chair.

The Indian Child Welfare Advisory Council shall meet at least one time each year, at the call of the chair. The representative of the Department of Social Services shall serve as the chair of the advisory council.

Source: SL 2024, ch 12, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-36A

DEPARTMENT OF HUMAN SERVICES

1-36A-1 1-36A-1. Repealed by SL 1989, ch 21, § 29.

1-36A-1.1 Department created.

1-36A-1.2 Secretary as head of department.

1-36A-1.3 Agencies constituting department.

1-36A-1.4 1-36A-1.4. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 101, eff. Apr. 12, 2011.

1-36A-1.5 Boards and advisory councils transferred to department.

1-36A-1.6 Appointment and removal of division directors.

1-36A-1.7 Repealed by SL 2012, ch 13, §§ 1 to 4.

1-36A-1.11 Department authorized to make certain contracts.

1-36A-1.12 1-36A-1.12 to 1-36A-1.15. Transferred to §§ 1-36-21 to 1-36-24.

1-36A-1.16 Department acceptance and control of funds on behalf of state institutions.

1-36A-1.17 Condemnation of private property authorized--Private property defined--Procedure.

1-36A-1.18 Purchase of fire insurance pending completion of buildings.

1-36A-1.19 Disposition of temporary buildings--Evaluation by Bureau of Human Resources and Administration.

1-36A-1.20 Authority to use institutional personnel or inmates for certain projects.

1-36A-1.21 Secretary to prescribe management of institutions and manner of accounting.

1-36A-1.22 Promulgation of rules for discipline and order of institutions and management.

1-36A-1.23 Disbursements accruing to and for benefit of patients.

1-36A-1.24 Examination of institutions--Secretary to have free access.

1-36A-1.25 Legal investigation or action by attorney general--Procedure.

1-36A-1.26 1-36A-1.26. Transferred to § 1-36-25.

1-36A-2 1-36A-2. Repealed by SL 1989, ch 21, § 30.

1-36A-3 Division of Rehabilitation Services--Division of Service to the Blind and Visually Impaired.

1-36A-3.1 1-36A-3.1 to 1-36A-3.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 106 to 108, eff. Apr. 12, 2011.

1-36A-4 Appointment of division directors.

1-36A-5 Board of Vocational Rehabilitation created.

1-36A-6 Repealed by SL 2012, ch 13, § 12.

1-36A-7 Performance of functions of certain former agencies.

1-36A-8 Repealed by SL 2012, ch 14, § 1.

1-36A-9 1-36A-9. Repealed by SL 1990, ch 213, § 4.

1-36A-10 Repealed by SL 2012, ch 14, § 2.

1-36A-10.1 Registration of certified interpreters--Annual renewal--Fees.

1-36A-10.2 Interpreting defined.

1-36A-10.3 Certification and registration required for interpreters receiving remuneration--Violation as misdemeanor.

1-36A-10.4 Provisional certification.

1-36A-10.5 Registered interpreters for the deaf--Certification--Promulgation of rules.

1-36A-10.6 Exception for interpreting during religious service.

1-36A-11 Registry of certified interpreters.

1-36A-12 Promulgation of rules concerning interpreters.

1-36A-13 Fund for registration of interpreters for the deaf.

1-36A-14 Expenditure of surplus funds.

1-36A-15 Fees for provisional certification and registration.

1-36A-16 Certain practices not prohibited.

1-36A-17 1-36A-17. Repealed by SL 2000, ch 8.

1-36A-18 Establishment of interpreter mentoring program for interpreters for the deaf.

1-36A-19 1-36A-19. Repealed by SL 2006, ch 6, § 13.

1-36A-20 1-36A-20 to 1-36A-24. Repealed by SL 2012, ch 23, § 10.

1-36A-25 Program for adults and elderly--Establishment--Purposes.

1-36A-26 Promulgation of rules regarding services for adults and elderly.

1-36A-27 Records required--Improper use of names or information concerning persons applying for assistance.

1-36A-28 Use of information--Publication of names of applicants and recipients prohibited.

1-36A-29 Release of confidential information by written waiver-Exception.

1-36A-29.1 Records confidential--Exceptions.

1-36A-29.2 Disclosure of information--Status of referral.

1-36A-30 Retaliation against ombudsman program complainant or interference with program as misdemeanor.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-1

1-36A-1. Repealed by SL 1989, ch 21, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.1. Department created.

There is created a Department of Human Services.

Source: SL 1989, ch 21, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.2. Secretary as head of department.

The head of the Department of Human Services is the secretary of human services. The secretary of human services shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9. The secretary of human services shall be qualified by training and experience to administer the programs of the Department of Human Services and have such other qualification as may be specified by statute.

Source: SL 1989, ch 21, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.3. Agencies constituting department.

The Department of Human Services shall consist of the following agencies:

(1) The Division of Developmental Disabilities;

(2) South Dakota Developmental Center--Redfield;

(3) The Division of Rehabilitation Services;

(4) The Division of Service to the Blind and Visually Impaired; and

(5) The Division of Long Term Services and Supports.

Source: SL 1989, ch 21, § 3; SL 1996, ch 16, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 100, eff. Apr. 12, 2011; SL 2017, ch 230 (Ex. Ord. 17-1), § 21, eff. Apr. 13, 2017; SL 2018, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-1.4

1-36A-1.4. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 101, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.5. Boards and advisory councils transferred to department.

The following boards and advisory councils shall be administered by the Department of Human Services:

(1) The planning council on developmental disabilities;

(2) The board of vocational rehabilitation; and

(3) The board of service to the blind and visually impaired.

Source: SL 1989, ch 21, § 5; SL 1990, ch 213, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 102, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.6. Appointment and removal of division directors.

The secretary of human services shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Human Services. The secretary of human services shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within the Department of Human Services.

Source: SL 1989, ch 21, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.7 to 1-36A-1.10. Repealed by SL 2012, ch 13, §§ 1 to 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.11. Department authorized to make certain contracts.

The Department of Human Services may make contracts for service, the erection of buildings, the purchase and lease of lands, materials, and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chapter 5-18B. The department may expend money, exact and collect penalties and may purchase, lease and sell property within the limitations of the state and national laws to carry out such contracts.

Source: SL 1989, ch 21, § 11; SL 2011, ch 2, § 108; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-1.12

1-36A-1.12 to 1-36A-1.15. Transferred to §§ 1-36-21 to 1-36-24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.16. Department acceptance and control of funds on behalf of state institutions.

The Department of Human Services may, subject to chapter 4-8B, accept and control on behalf of the institutions of this state under its supervision:

(2) Any federal funds which may become available for equipment, personnel or administrative salaries, educational services, buildings, building repairs and additions or any other institutional program, improvement, or expansion;

(3) Any federal funds made available for medical or nursing care under the Social Security Act, as amended, and the secretary of human services may designate all or part of an institution as a provider of nursing care services for this purpose.

The state treasurer shall receive such sums as may be allotted to the Department of Human Services for institutions under its jurisdiction, for any purpose, from the United States government. Such donations and allotments shall be placed in a special fund available to the institution designated.

The state auditor shall draw warrants upon the fund herein provided for upon presentation of vouchers duly approved by the secretary of human services.

Source: SL 1989, ch 21, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.17. Condemnation of private property authorized--Private property defined--Procedure.

The Department of Human Services may condemn private property for public use. For the purposes of this section, private property includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Human Services considers it necessary to condemn any private property for the purpose of erecting or repairing any building or extending grounds and premises of any of the institutions of the state of which the department has control, the secretary of human services shall, by proper resolution and order, declare such condemnation necessary, stating the purposes and extent thereof, and shall notify the attorney general. Thereupon, the condemnation shall proceed, in the name of the state as plaintiff, as provided in chapter 21-35.

Source: SL 1989, ch 21, § 17; SL 2012, ch 13, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.18. Purchase of fire insurance pending completion of buildings.

The Department of Human Services and the Department of Social Services may 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 purposes, sufficient funds to purchase and secure insurance protection from loss by fire during the erection of such building in an amount determined by the secretary of human services or the secretary of social services.

Source: SL 1989, ch 21, § 18; SL 2011, ch 1 (Ex. Ord. 11-1), § 103, eff. Apr. 12, 2011; SL 2012, ch 13, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.19. Disposition of temporary buildings--Evaluation by Bureau of Human Resources and Administration.

The Department of Human Services and the Department of Social Services may move, dismantle, destroy, or sell any temporary buildings or structures if the secretaries determine the action is 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 fire safety hazards. However, no such action may occur unless the Bureau of Human Resources and Administration evaluates the buildings or structures and subsequently determines that it is not economically feasible to repair, remodel, or redesign the structures for other use.

Receipts from the sale of such structures shall be deposited in the state general fund.

Source: SL 1989, ch 21, § 19; SL 2011, ch 1 (Ex. Ord. 11-1), § 104, eff. Apr. 12, 2011; SL 2012, ch 13, § 7; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.20. Authority to use institutional personnel or inmates for certain projects.

The Department of Human Services and the Department of Social Services may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel or inmates if the secretaries determine that such use is practicable.

Source: SL 1989, ch 21, § 20; SL 2011, ch 1 (Ex. Ord. 11-1), § 104, eff. Apr. 12, 2011; SL 2012, ch 13, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.21. Secretary to prescribe management of institutions and manner of accounting.

The secretary of human services shall prescribe the management of the institutions under the department's control, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereof, and shall provide a method of identification of all property belonging to the state in any of such institutions.

Source: SL 1989, ch 21, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.22. Promulgation of rules for discipline and order of institutions and management.

The Department of Human Services and the Department of Social Services may promulgate rules pursuant to chapter 1-26 for the discipline and order of any of its institutions and the management thereof, and the officers and employees of such institutions shall comply with all directions and rules of the departments.

Source: SL 1989, ch 21, § 22; SL 2011, ch 1 (Ex. Ord. 11-1), § 104, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.23. Disbursements accruing to and for benefit of patients.

The Department of Human Services and the Department of Social Services may receive and disburse from social security benefits, retirement annuities, and such other funds as may accrue to patients in residence at institutions under jurisdiction of the departments. Such disbursement shall be made for the benefit of the patient.

Source: SL 1989, ch 21, § 23; SL 2011, ch 1 (Ex. Ord. 11-1), § 104, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.24. Examination of institutions--Secretary to have free access.

The secretary of human services may examine the condition of any institution under the department's control, financially or otherwise; examine the methods of instruction and treatment and management of patients, the official conduct of all officers and employees, the condition of the buildings, grounds and other property, and all other matters pertaining to the functioning and management of the institution. For these purposes the secretary shall have free access to the grounds, buildings, and all books and papers relating to the institution, and all persons connected with the institution shall give such information and open such facilities for inspection as the secretary may require, and any neglect or refusal on the part of any officer, employee, or person connected with an institution to comply with the requirements of this section is sufficient cause for removal. The secretary may administer oaths and examine any person in relation to any matter connected with the inquiries authorized by this chapter.

Source: SL 1989, ch 21, § 24; SL 2012, ch 13, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-1.25. Legal investigation or action by attorney general--Procedure.

If, in the opinion of the secretary of human services, any matter in regard to the management of any institution under the department's control, or any matter in regard to any patient of any institution under the department's control, requires legal investigation or action of any kind, the secretary shall notify the attorney general, who shall investigate and take any actions the attorney general considers necessary and proper, and report any actions taken and the results thereof to the secretary without delay.

Source: SL 1989, ch 21, § 25; SL 2012, ch 13, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-1.26

1-36A-1.26. Transferred to § 1-36-25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-2

1-36A-2. Repealed by SL 1989, ch 21, § 30.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-3. Division of Rehabilitation Services--Division of Service to the Blind and Visually Impaired.

There is hereby created within the Department of Human Services the following divisions:

(1) The Division of Rehabilitation Services, which is the state agency to administer the state vocational rehabilitation plan to provide rehabilitation services to individuals except persons who are blind or visually impaired; and

(2) The Division of Service to the Blind and Visually Impaired, which is the state agency to administer the state vocational rehabilitation plan to provide rehabilitation services to persons who are blind or visually impaired.

Source: SL 1977, ch 226, § 2; SL 1989, ch 21, § 31; SL 2012, ch 13, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-3.1

1-36A-3.1 to 1-36A-3.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 106 to 108, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-4. Appointment of division directors.

The head of the Division of Rehabilitation Services and the head of the Division of Service to the Blind and Visually Impaired are the directors of each and shall be appointed by the secretary of human services in accordance with § 1-32-6.

Source: SL 1977, ch 226, § 4; SL 1989, ch 21, § 32.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-5. Board of Vocational Rehabilitation created.

There is hereby created a Board of Vocational Rehabilitation.

Source: SL 1977, ch 226, § 3; SL 1993, ch 20, § 1; SL 2001, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-6. Repealed by SL 2012, ch 13, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-7. Performance of functions of certain former agencies.

The Department of Human Services shall, under the direction and control of the secretary of human services, perform all the functions of the following former agencies:

(1) The Division of Service to the Blind and Visually Impaired, created by chapter 28-10;

(2) The Division of Vocational Rehabilitation, created by chapter 28-9; and

(3) The disability determination services program in chapter 28-11.

Source: SL 1973, ch 2, §§ 74, 75, 77; SDCL Supp, § 1-36-9; SL 1974, ch 3, § 18; SL 1977, ch 226, § 5; SL 1989, ch 21, § 34; SL 2011, ch 2, § 109.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-8. Repealed by SL 2012, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-9

1-36A-9. Repealed by SL 1990, ch 213, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10. Repealed by SL 2012, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.1. Registration of certified interpreters--Annual renewal--Fees.

The Department of Human Services shall register and renew the registration annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates compliance with §§ 1-36A-10.1 to 1-36A-16, inclusive, and who pays the applicable fees unless good cause exists to deny the registration.

Source: SL 1993, ch 21, § 1; SL 1997, ch 14, § 1; SL 2006, ch 6, § 6; SL 2012, ch 13, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.2. Interpreting defined.

For the purposes of §§ 1-36A-10.1 to 1-36A-16, inclusive, the term, interpreting, means the process of providing accessible communication between and among persons who are deaf or hard-of-hearing and those who are hearing. This process includes communication between American Sign Language and English. Interpreting may involve various other modalities that involve visual, gestural, and tactile methods.

Source: SL 2006, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.3. Certification and registration required for interpreters receiving remuneration--Violation as misdemeanor.

No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services:

(1) Engage in the practice of, or offer to engage in the practice of, interpreting;

(2) Use the title, interpreter, in connection with the person's name; or

(3) Use the title, interpreter, in advertisements or descriptions.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2006, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.4. Provisional certification.

The Department of Human Services may issue provisional certification to a person who:

(1) Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education;

(2) Participates in a department approved plan of up to five years in preparation for national testing that includes continuing education units and mentoring; and

(3) Registers annually with the department.

Provisional certification may be granted for no more than five years.

Source: SL 2006, ch 6, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.5. Registered interpreters for the deaf--Certification--Promulgation of rules.

A person may be registered as a certified interpreter for the deaf if:

(1) The person is certified by and in good standing with:

(a) The Registry of Interpreters for the Deaf;

(b) The National Association of the Deaf;

(d) Any other entity approved by the Department of Human Services; and

(2) The department finds that the certification offered by an entity referenced in subdivision (1) of this section meets the minimum competency standards established by rules promulgated by the department, in accordance with chapter 1-26.

A person may also be registered if the person was certified by the department, prior to July 1, 2006, provided the person maintains registration, completes eighty continuing education contact hours every four years and remains in good standing with the department.

Any person certified pursuant to this section shall register annually with the department.

Source: SL 2006, ch 6, § 4; SL 2010, ch 11, § 1; SL 2023, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-10.6. Exception for interpreting during religious service.

Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services.

Source: SL 2006, ch 6, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-11. Registry of certified interpreters.

The Department of Human Services shall maintain, and publish, and make available upon request a registry of all certified interpreters and their respective levels of qualification.

Source: SL 1987, ch 25, § 1; SL 1992, ch 17, § 1; SL 1993, ch 21, § 2; SL 1996, ch 17, § 1; SL 1997, ch 14, § 2; SL 2001, ch 14, § 1; SL 2006, ch 6, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-12. Promulgation of rules concerning interpreters.

The Department of Human Services may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for individuals registered with the department pursuant to subdivision 1-36A-10.5(4), to establish qualifications, continuing education requirements, extension or exception options to continuing education requirements, mentoring requirements, and requirements for an approved plan for provisional certification pursuant to § 1-36A-10.4, to establish qualifications for interpreters serving in medical, educational, or legal settings, to establish a code of professional conduct and standard of practice, and to establish a procedure for discipline.

Source: SL 1987, ch 25, § 2; SL 1992, ch 17, § 2; SL 1993, ch 21, § 3; SL 1997, ch 14, § 3; SL 2006, ch 6, § 8; SL 2010, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-13. Fund for registration of interpreters for the deaf.

The fund for certification of interpreters for the deaf in the state treasury is renamed the fund for registration of interpreters for the deaf. All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in the fund is continuously appropriated to the department for expenses incurred in the provisional certification and registration of interpreters for the deaf and may be expended by the secretary of human services.

Source: SL 1993, ch 21, § 4; SL 1997, ch 14, § 4; SL 2006, ch 6, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-14. Expenditure of surplus funds.

Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16, inclusive.

Source: SL 1993, ch 21, § 5; SL 1997, ch 14, § 5; SL 2006, ch 6, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-15. Fees for provisional certification and registration.

The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration:

(1) For provisional certification, not more than three hundred twenty-five dollars;

(2) For initial registration, not more than fifty dollars;

(3) For annual renewal of registration, not more than thirty-five dollars;

(4) For effecting a name change upon the records of a registrant, not more than ten dollars;

(5) For issuing a duplicate registration, not more than ten dollars; and

(6) For initial registration and annual renewal of persons certified pursuant to subdivision 1-36A-10.5(4), not more than seventy-five dollars.

Source: SL 1993, ch 21, § 6; SL 1997, ch 14, § 6; SL 2001, ch 16, § 1; SL 2006, ch 6, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-16. Certain practices not prohibited.

The provisions of §§ 1-36A-10.1 to 1-36A-15, inclusive, do not prohibit:

(1) Any signing assistance in a medical emergency until the assistance of a certified interpreter is obtained;

(2) The practice of interpreting, if directly supervised by a certified interpreter, included in a program of study by a student enrolled in an approved program for the preparation of interpreters for the deaf;

(3) The practice of a legally qualified interpreter for the deaf from another state employed by the United States government and performing official duty in this state; and

(4) The practice of interpreting in this state by an interpreter for the deaf currently licensed in another state, territory, or foreign country who is present in this state to lecture relative to the practice of interpreting for a period of not more than twenty days.

Source: SL 1993, ch 21, § 7; SL 2006, ch 6, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-17

1-36A-17. Repealed by SL 2000, ch 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-18. Establishment of interpreter mentoring program for interpreters for the deaf.

The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hard of hearing.

Source: SL 1993, ch 22, § 2; SL 2019, ch 8, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-36A-19

1-36A-19. Repealed by SL 2006, ch 6, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-20 to 1-36A-24. Repealed by SL 2012, ch 23, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-25. Program for adults and elderly--Establishment--Purposes.

The Department of Human Services may establish a program of services for adults and the elderly to promote the development, coordination, and utilization of resources to meet the long-term needs of adults and the elderly and to provide services to assist them in their social and health problems. The program may include program planning and development, coordination of services for adults and the elderly, and administration of programs funded under the Older Americans Act, Social Security Act, and other federal programs which are available for health, social, transportation, nutrition, counseling, protective, and referral services for adults and the elderly.

Source: SL 1981, ch 199, § 16; SL 2004, ch 167, § 29; SDCL § 28-1-44; SL 2017, ch 230 (Ex. Ord. 17-1), § 25, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-26. Promulgation of rules regarding services for adults and elderly.

The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26, for the administration and operation of the program for adults and the elderly relating to the following areas:

(1) Services to enable recipients to remain in their own home and services to older persons in institutional and noninstitutional care;

(2) Legal services;

(3) Transportation services;

(4) Nutrition services;

(5) Information and referral services to help the elderly gain access to programs for their benefit;

(6) Eligibility for services;

(7) Amount, scope, and duration of services;

(8) The basis of payment to and the qualifications for providers of services;

(9) Administration of public grants, record keeping, and audit requirements;

(10) Requirements to obtain federal financial participation and ensure efficient operation and administration of the program;

(11) Adult protective services;

(12) Ombudsman services; and

(13) Payments for elderly, blind, and disabled persons residing in the person's own home or in an institutional or noninstitutional setting; and

(14) Preadmission Screening/Annual Resident Review (PASARR) as defined in § 27B-1-17.

Source: SL 1981, ch 199, § 17; SL 1987, ch 200, § 2; SL 1997, ch 167, § 1; SL 2004, ch 167, § 30; SDCL§ 28-1-45; SL 2017, ch 230 (Ex. Ord. 17-1), § 26, eff. Apr. 13, 2017; SL 2018, ch 17, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-27. Records required--Improper use of names or information concerning persons applying for assistance.

The adult services and aging programs shall keep such records as may be required by law or federal regulations. All applications and records concerning any applicant or recipient are confidential. Except for purposes directly connected with the administration of the adult services and aging program and in accordance with the rules of the department, no person may solicit, disclose, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of, or any information concerning, persons applying for or receiving public assistance, derived from the records, papers, files, or communications of the department acquired in the course of the performance of official duties.

Source: SL 1987, ch 200, § 3; SL 1988, ch 219; SL 2004, ch 167, § 31; SDCL § 28-1-45.1; SL 2017, ch 230 (Ex. Ord. 17-1), § 27, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-28. Use of information--Publication of names of applicants and recipients prohibited.

The use or disclosure of information concerning applicants and recipients is limited to:

(1) Any person authorized by the secretary in connection with the secretary's official duties, if the official duties are directly connected with the administration of the adult services and aging program;

(2) Any purpose directly connected with the adult services and aging program, including disclosure by the department of information and documents, alleged violator, police department, prosecutor's offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding all aspects of theft, fraud, deception, or overpayment in connection with any aspect of the adult services and aging program. However, disclosure by recipient agencies and personnel is permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;

(3) Federal agencies responsible for the administration of federally assisted programs, which provide assistance in cash or in kind.

Any publication of lists or names of applicants and recipients is prohibited.

Source: SL 1987, ch 200, § 4; SL 2004, ch 167, § 32; SDCL § 28-1-45.2; SL 2017, ch 230 (Ex. Ord. 17-1), § 28, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-29. Release of confidential information by written waiver-Exception.

Except for adult protective services cases, confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned.

Source: SL 1987, ch 200, § 7; SL 2004, ch 167, § 34; SDCL § 28-1-45.5; SL 2017, ch 230 (Ex. Ord. 17-1), § 29, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-29.1. Records confidential--Exceptions.

All investigative case records and files relating to reports of abuse, neglect, or exploitation of adults and elderly are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in this chapter. The Department of Human Services may release records, files, or other information to the following parties upon receipt of a request showing that it is necessary for the parties to have the information in the performance of official functions relating to abuse, neglect, or exploitation:

(1) The attorney general, state's attorneys, law enforcement agencies, protective services workers, and courts investigating reports of known or suspected abuse, neglect, or exploitation;

(2) The attorney, legal guardian, conservator, an agent under an advanced health care directive, or a health care decision maker pursuant to § 34-12C-3, of the adult who is the subject of the information;

(3) Public officials or their authorized representatives who require the information in connection with the discharge of official duties;

(4) Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a person who is the subject of the information or report;

(5) A family member of the person who is the subject of the information or report;

(6) A state, regional, or national registry of adult and elderly abuse, neglect, or exploitation cases and courts of record of other states; or

(7) A health care professional providing diagnosis or treatment for a person who is suspected or found to be abused, neglected, or exploited.

A party receiving information pursuant to this section shall hold the information confidential except to the extent a court orders the release of the information for the determination of an issue before the court.

Source: SL 2021, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-29.2. Disclosure of information--Status of referral.

Except as otherwise provided for in § 1-36A-29.1, the Department of Human Services may disclose information to referring individuals and entities, for the purpose of relaying the status of their referral.

Source: SL 2024, ch 13, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-36A-30. Retaliation against ombudsman program complainant or interference with program as misdemeanor.

No person, facility, or other entity may discriminate or retaliate in any manner against any resident or relative or legally appointed representative, any employee of a nursing facility, assisted living center, or other residential facility or any other person because of making a complaint or providing information in good faith to the ombudsman program. No person, facility, or other entity may willfully interfere with representatives of the ombudsman program in the performance of any official duty. Any person, facility, or other entity that violates this section is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 206, § 2; SL 1991, ch 272, § 2; SL 2004, ch 167, § 35; SDCL § 28-1-45.7; SL 2017, ch 230 (Ex. Ord. 17-1), § 30, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-37 DEPARTMENT OF LABOR AND REGULATION

CHAPTER 1-37

DEPARTMENT OF LABOR AND REGULATION

1-37-1      Department of Labor and Regulation created--Secretary as head.
1-37-2      Department of Labor functions and duties transferred.
1-37-3      Administration of Titles 60, 61, and 62.
1-37-4      Administrative functions performed for advisory councils.
1-37-5      Repealed.
1-37-6      Division of Human Rights transferred--Commission on Human Rights transferred.
1-37-6.1      Director of human rights as head of division_Appointment and removal.
1-37-6.2      Administrative functions performed for Commission of Human Rights.
1-37-7      Repealed.
1-37-8      Board of Technical Professions transferred.
1-37-9      Electrical Commission transferred.
1-37-10      Plumbing Commission transferred.
1-37-11      Board of Accountancy transferred.
1-37-12      Board of Barber Examiners transferred.
1-37-13      Cosmetology Commission transferred.
1-37-14      Division of Banking transferred.
1-37-15      South Dakota State Banking Commission transferred.
1-37-16      Repealed.
1-37-17      Division of Insurance transferred.
1-37-18      Real Estate Commission transferred.
1-37-19      Abstractors Board of Examiners transferred.
1-37-20      Appraiser Certification Program transferred.
1-37-21      Administrative functions performed for subordinate divisions.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-1. Department of Labor and Regulation created--Secretary as head.

There is hereby created a Department of Labor and Regulation. The head of the Department of Labor and Regulation is the secretary of labor and regulation who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 1973, ch 2, § 87; SL 1975, ch 5, § 13; SL 2008, ch 276, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 32, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-2. Department of Labor functions and duties transferred.

The functions and programs of the former Department of Labor and the duties of the secretary of labor are transferred to the Department of Labor and Regulation and the secretary of labor and regulation.

Source: SL 1973, ch 2, § 88; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-3. Administration of Titles 60, 61, and 62.

The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, administer the provisions of Titles 60, 61, and 62.

Source: SL 1973, ch 2, § 90; SL 2008, ch 276, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-4. Administrative functions performed for advisory councils.

The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following advisory councils:

(1) The state workers' compensation advisory council; and

(2) The reemployment assistance advisory council.

Source: SL 1973, ch 2, §§ 91, 92; SL 2008, ch 276, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2019, ch 216, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-37-5

1-37-5. Repealed by SL 2008, ch 276, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-6. Division of Human Rights transferred--Commission on Human Rights transferred.

The Division of Human Rights and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Human Rights. The Commission on Human Rights created by § 20-13-2 shall continue to perform its functions on issues concerning human rights and is transferred to the Department of Labor and Regulation.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 30; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-6.1. Director of human rights as head of division--Appointment and removal.

The head of the Division of Human Rights of the Department of Labor and Regulation is the director of human rights. The director of human rights shall be subject to appointment and removal in accordance with the provisions of § 1-32-6 concerning the appointment of division directors.

Source: SL 1973, ch 2, § 64; SL 2003, ch 272 (Ex. Ord. 03-1), § 91; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SDCL § 1-35-13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-6.2. Administrative functions performed for Commission of Human Rights.

The Division of Human Rights shall, under the direction and control of the director of human rights, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the Commission of Human Rights created by chapter 20-13.

Source: SL 1973, ch 2, § 65; SDCL § 1-35-14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-37-7

1-37-7. Repealed by SL 2006, ch 231, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-8. Board of Technical Professions transferred.

The Board of Technical Professions, created by chapter 36-18A, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Technical Professions.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-9. Electrical Commission transferred.

The Electrical Commission, created by chapter 36-16, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Electrical Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 48; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-10. Plumbing Commission transferred.

The Plumbing Commission, created by chapter 36-25, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Plumbing Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 49; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-11. Board of Accountancy transferred.

The Board of Accountancy, created by chapter 36-20B, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Accountancy.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 51; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-12. Board of Barber Examiners transferred.

The Board of Barber Examiners, created by chapter 36-14, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Barber Examiners.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 52; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-13. Cosmetology Commission transferred.

The Cosmetology Commission, created by chapter 36-15, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Cosmetology Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 53; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-14. Division of Banking transferred.

The Division of Banking created by chapter 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Banking.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 36, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-15. South Dakota State Banking Commission transferred.

The South Dakota State Banking Commission created by 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the South Dakota State Banking Commission.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 37, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-37-16

1-37-16. Repealed by SL 2017, ch 231 (Ex. Ord. 17-2), § 21, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-17. Division of Insurance transferred.

The Division of Insurance created by chapter 58-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Insurance.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 39, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-18. Real Estate Commission transferred.

The Real Estate Commission, created by chapter 36-21A, and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Real Estate Commission.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 41, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-19. Abstractors Board of Examiners transferred.

The Abstractors Board of Examiners, created by chapter 36-13, and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Abstractors Board of Examiners.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 42, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-20. Appraiser Certification Program transferred.

The Appraiser Certification Program, created by chapter 36-21B, and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Appraiser Certification Program.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 43, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-37-21. Administrative functions performed for subordinate divisions.

The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, perform all administrative functions (as defined in § 1-32-1) of the following divisions:

(1) The Division of Banking, created by chapter 51A-2;

(2) The Division of Insurance, created by chapter 58-2.

This section does not apply to the special budgetary functions (as defined in § 1-32-1) of the State Banking Commission created by chapter 51A-2.

Source: SL 1973, ch 2, §§ 43, 46, 48; SL 1973, ch 290, § 2; SL 1974, ch 3, § 12; SL 1982, ch 17, § 39; SL 1989, ch 30, § 7; SL 1991, ch 391, § 15; SL 2003, ch 272 (Ex. Ord. 03-1), § 85; SL 2011, ch 1 (Ex. Ord. 11-1), § 99, eff. Apr. 12, 2011; SDCL § 1-35-4; SL 2017, ch 231 (Ex. Ord. 17-2), § 20, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-38 DEPARTMENT OF ENVIRONMENTAL PROTECTION [TRANSFERRED]

CHAPTER 1-38

DEPARTMENT OF ENVIRONMENTAL PROTECTION [TRANSFERRED]

[Repealed by SL 1979, ch 354, § 17; superseded and transferred to Chapter 1-40]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-39 DEPARTMENT OF GAME, FISH AND PARKS

CHAPTER 1-39

DEPARTMENT OF GAME, FISH AND PARKS

1-39-1      Department continued.
1-39-2      Secretary as head of department.
1-39-2.1      Nomination of persons for position of secretary of game, fish and parks.
1-39-3      Qualifications of secretary.
1-39-4      Agencies constituting department.
1-39-5      Functions of department.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-1. Department continued.

The Department of Game, Fish and Parks is hereby continued.

Source: SL 1973, ch 2, § 107; SL 1973, ch 264, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-2. Secretary as head of department.

The head of the Department of Game, Fish and Parks is the secretary of the Department of Game, Fish and Parks.

Source: SL 1973, ch 2, § 108; SL 1973, ch 264, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-2.1. Nomination of persons for position of secretary of game, fish and parks.

In addition to the other functions and responsibilities of the Game, Fish and Parks Commission, the commission shall nominate, not less than three persons for the position of secretary of game, fish and parks, who shall be appointed by and serve at the pleasure of the Governor.

Source: SL 1987, ch 392 (Ex. Ord. 87-3), § 17; SDCL § 1-32-3.1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-3. Qualifications of secretary.

The secretary of the Department of Game, Fish and Parks shall be qualified by training and experience to administer the programs of the department and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 110.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-4. Agencies constituting department.

The Department of Game, Fish and Parks shall consist of the agencies named in this chapter and such other agencies as may be created by law, executive order, or administrative action and placed within the department.

Source: SL 1973, ch 2, § 111.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-39-5. Functions of department.

The Department of Game, Fish and Parks shall, under the direction and control of the secretary of the Department of Game, Fish and Parks, perform:

(1) All administrative functions except special budgetary functions (as defined in § 1-32-1) of the Game, Fish and Parks Commission, created by chapter 41-2;

(2) All the functions of the former Department of Game, Fish and Parks, created by chapter 41-2, except that the Game, Fish and Parks Commission shall, in accordance with § 41-2-1.2, retain and perform the quasi-legislative, quasi-judicial, and special budgetary functions (as defined in § 1-32-1) of the department and the function of generally advising the department on its programs.

Source: SL 1973, ch 2, §§ 112, 113.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-40

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [REPEALED AND TRANSFERRED]

1-40-1 Repealed.

1-40-2 Repealed.

1-40-3 Transferred to § 1-41-2.1.

1-40-4 Transferred to § 1-41-3.3.

1-40-4.1 Transferred to § 1-41-3.4.

1-40-5 Transferred to § 1-41-11.

1-40-6 Transferred to § 1-41-11.1.

1-40-7 Transferred to § 1-41-12.

1-40-7.1 Transferred to § 1-41-12.1.

1-40-8 1-40-8. Superseded.

1-40-9 Transferred to § 1-41-13.

1-40-10 Transferred to § 1-41-13.1.

1-40-11 Transferred to § 1-41-14.

1-40-12 Transferred to § 1-41-14.1.

1-40-13 Repealed.

1-40-14 1-40-14. Omitted.

1-40-15 Transferred to § 1-41-15.

1-40-16 Transferred to § 1-41-15.1.

1-40-17 Transferred to § 1-41-15.2.

1-40-18 Transferred to § 1-41-15.3.

1-40-19 Transferred to § 1-41-15.4.

1-40-20 Transferred to § 1-41-15.5.

1-40-20.1 Transferred to § 1-41-11.2.

1-40-21 Repealed.

1-40-22 Transferred to § 1-41-16.

1-40-23 Transferred to § 1-41-17.

1-40-24 Transferred to § 1-41-18.

1-40-25 Transferred to § 1-41-19.

1-40-25.1 Transferred to § 1-41-19.1.

1-40-26 Transferred to § 1-41-19.2.

1-40-27 Transferred to § 1-41-20.

1-40-28 Transferred to § 1-41-21.

1-40-29 Transferred to § 1-41-22.

1-40-30 Transferred to § 1-41-23.

1-40-31 Transferred to § 1-41-24.

1-40-32 Transferred to § 1-41-23.1.

1-40-33 Transferred to § 1-41-25.

1-40-34 Transferred to § 1-41-25.1.

1-40-35 Transferred to § 1-41-25.2.

1-40-36 Transferred to § 1-41-25.3.

1-40-37 Transferred to § 1-41-25.4.

1-40-38 Transferred to § 1-41-26.

1-40-39 Transferred to § 1-41-27.

1-40-40 Transferred to § 1-41-28.

1-40-41 Transferred to § 1-41-28.1.

1-40-42 Repealed by SL 2012, ch 215, § 29.

1-40-43 Repealed.

1-40-44 Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-1. Repealed.

Source: SL 1973, ch 2, § 114; SL 1979, ch 354, § 18; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 54, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-2. Repealed.

Source: SL 1973, ch 2, § 115; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 55, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-3. Transferred to § 1-41-2.1.

Source: SL 1973, ch 2, § 117; SL 1991, ch 17, (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-4. Transferred to § 1-41-3.3.

Source: SL 1973, ch 2, § 118; SL 1991, ch 17 (Ex. Ord. 91-4), § 18; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-4.1. Transferred to § 1-41-3.4.

Source: SL 1992, ch 254, § 100; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-5. Transferred to § 1-41-11.

Source: SL 1973, ch 2, § 120; SL 1979, ch 354, §§ 18, 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-6. Transferred to § 1-41-11.1.

Source: SL 1973, ch 2, § 120; SL 1974, ch 3, § 37; SL 2011, ch 165, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-7. Transferred to § 1-41-12.

Source: SL 1973, ch 2, § 119; SL 1991, ch 17 (Ex. Ord. 91-4), § 20; SL 2017, ch 10, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-7.1. Transferred to § 1-41-12.1.

Source: SL 1984, ch 343, § 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-40-8

1-40-8. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-9. Transferred to § 1-41-13.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-10. Transferred to § 1-41-13.1.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2004, ch 17, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-11. Transferred to § 1-41-14.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-12. Transferred to § 1-41-14.1.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2005, ch 10, § 38; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-13. Repealed.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 57, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-40-14

1-40-14. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-15. Transferred to § 1-41-15.

Source: SL 1979, ch 354, §§ 24, 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-16. Transferred to § 1-41-15.1.

Source: SL 1979, ch 354, § 26; SL 1995, ch 11, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-17. Transferred to § 1-41-15.2.

Source: SL 1979, ch 354, § 27; SL 2011, ch 165, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-18. Transferred to § 1-41-15.3.

Source: SL 1979, ch 354, § 28; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-19. Transferred to § 1-41-15.4.

Source: SL 1979, ch 354, §§ 24, 29; SL 1993, ch 257, § 10; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-20. Transferred to § 1-41-15.5.

Source: SL 1973, ch 280, § 7; SDCL Supp, § 1-38-7; SL 1979, ch 354, §§ 20, 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-20.1. Transferred to § 1-41-11.2.

Source: SL 1981, ch 374, § 17; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 34, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-21. Repealed.

Source: SL 1973, ch 2, §§ 104, 106; SDCL, § 1-38-8; SL 1975, ch 23, § 5; SL 1979, ch 354, §§ 20, 22; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 58, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-22. Transferred to § 1-41-16.

Source: SL 1979, ch 354, § 20; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-23. Transferred to § 1-41-17.

Source: SL 1979, ch 354, § 21; SL 1991, ch 17 (Ex. Ord. 91-4), § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-24. Transferred to § 1-41-18.

Source: SL 1981, ch 374, § 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-25. Transferred to § 1-41-19.

Source: SL 1981, ch 374, §§ 19 to 22; SDCL Supp, § 1-43-7.1; SL 2011, ch 165, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-25.1. Transferred to § 1-41-19.1.

Source: SL 1995, ch 318 (Ex. Ord. 95-2), § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-26. Transferred to § 1-41-19.2.

Source: SL 1973, ch 2, § 100; SL 1974, ch 3, § 37; SDCL Supp, §§ 1-38-5, 1-43-8; SL 2011, ch 165, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-27. Transferred to § 1-41-20.

Source: SL 1991, ch 288, § 1; SL 1993, ch 257, § 3; SL 1997, ch 15, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-28. Transferred to § 1-41-21.

Source: SL 1991, ch 288, § 1A; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-29. Transferred to § 1-41-22.

Source: SL 1991, ch 288, § 18; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-30. Transferred to § 1-41-23.

Source: SL 1992, ch 254, § 95; SL 1994, ch 23, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-31. Transferred to § 1-41-24.

Source: SL 1992, ch 254, § 96; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-32. Transferred to § 1-41-23.1.

Source: SL 1994, ch 23, § 2; SL 2009, ch 13, § 1; SL 2017, ch 38, § 8, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-33. Transferred to § 1-41-25.

Source: SL 1996, ch 18, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-34. Transferred to § 1-41-25.1.

Source: SL 1996, ch 18, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-35. Transferred to § 1-41-25.2.

Source: SL 1996, ch 18, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-36. Transferred to § 1-41-25.3.

Source: SL 1996, ch 18, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-37. Transferred to § 1-41-25.4.

Source: SL 1996, ch 18, § 5A; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-38. Transferred to § 1-41-26.

Source: SL 1997, ch 207, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-39. Transferred to § 1-41-27.

Source: SL 2010, ch 12, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-40. Transferred to § 1-41-28.

Source: SL 1992, ch 254, § 42; SDCL § 5-23-38; SL 2010, ch 31, § 118; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-41. Transferred to § 1-41-28.1.

Source: SL 1992, ch 254, § 43; SDCL 5-23-39; SL 2010, ch 31, § 118; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-42. Repealed by SL 2012, ch 215, § 29.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-43. Repealed.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 44, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 59, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-40-44. Repealed.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 45, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 60, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-41

DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES

1-41-1 Department continued.

1-41-2 Secretary as head of department.

1-41-2.1 Qualifications of secretary.

1-41-3 1-41-3. Repealed by SL 2004, ch 26, § 1.

1-41-3.1 Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources.

1-41-3.2 Office of agricultural and natural resources policy created--Responsibilities.

1-41-3.3 Divisions constituting department.

1-41-3.4 Limitation on stringency of certain rules.

1-41-4 Performance of functions of former department.

1-41-4.1 Performance of functions of abolished agencies.

1-41-5 Boards and commissions--Administrative functions performed by department--Nomination of officers.

1-41-5.1 1-41-5.1. Obsolete.

1-41-6 1-41-6. Repealed by SL 2013, ch 191, § 1.

1-41-6.1 State Conservation Commission--Organization.

1-41-7 1-41-7. Repealed by SL 1974, ch 6, § 10.

1-41-8 1-41-8. Obsolete.

1-41-9 Repealed.

1-41-10 Repealed.

1-41-11 Board of Water and Natural Resources created--Functions--Appointment and terms of members.

1-41-11.1 Officers of board--Quorum--Removal of members.

1-41-11.2 Water Management Board--Transfer of certain functions to Board of Water and Natural Resources.

1-41-12 State geologist--Duties.

1-41-12.1 Performance of functions of state geologist relating to oil and gas conservation.

1-41-13 Performance of administrative functions of conservancy district board.

1-41-13.1 Performance of nonadministrative functions of conservancy district board.

1-41-14 Performance of administrative development functions of Water Resources Commission.

1-41-14.1 Performance of nonadministrative development functions of former Water Resources Commission.

1-41-15 Water Management Board created--Appointment and terms of members.

1-41-15.1 Qualifications of Water Management Board members.

1-41-15.2 Quorum of Water Management Board.

1-41-15.3 Officers of Water Management Board--Meetings.

1-41-15.4 Functions of Water Management Board.

1-41-15.5 Water pollution control powers.

1-41-16 Environmental protection functions of department and secretary.

1-41-17 Water quality and hygiene functions.

1-41-18 Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes.

1-41-19 Board of Minerals and Environment--Composition--Appointment and terms of members.

1-41-19.1 Board of Minerals and Environment composed in conformance with Clean Air Act.

1-41-19.2 Officers of Board of Minerals and Environment--Quorum--Meetings.

1-41-20 Rejection of applications for certain environmental protection, mining, oil, and gas permits.

1-41-21 Registration for individual permits required by holders of certain general permits.

1-41-22 Report required following the issuance of uncontested permits.

1-41-23 Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.

1-41-23.1 Transfer of funds to environment and natural resources fee fund from water and environment fund.

1-41-24 Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records.

1-41-25 Voluntary environmental audits--Assumption against civil or criminal penalties.

1-41-25.1 Application of environmental audit provisions--Discovery of violations.

1-41-25.2 Environmental audit subject to discovery--Summary of disclosed violation.

1-41-25.3 Use of environmental audit as defense.

1-41-25.4 Removal of regulated entity from environmental audit provisions.

1-41-26 Promulgation of rules governing inspection of certain concentrated animal feeding operations.

1-41-27 Electronic signatures permitted on certain documents.

1-41-28 Establishment of program to separate and recover recyclable materials--Inclusion of local government.

1-41-28.1 Promulgation of rules for state agency recycling programs.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-1. Department continued.

The Department of Agriculture is hereby continued as the Department of Agriculture and Natural Resources. The former Department of Environment and Natural Resources, also formerly known as the Department of Natural Resource Development and as the Department of Water and Natural Resources, is hereby continued as the Department of Agriculture and Natural Resources. The Department of Agriculture and Natural Resources shall protect and promote agriculture as South Dakota's most vital industry, and it will preserve our natural resources and the environment through sound management.

Source: SL 1973, ch 2, § 127; SL 2021, ch 1 (Ex. Ord. 21-3), § 42, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-2. Secretary as head of department.

The head of the Department of Agriculture and Natural Resources is the secretary of agriculture and natural resources.

Source: SL 1973, ch 2, § 128; SL 2021, ch 1 (Ex. Ord. 21-3), § 43, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-2.1. Qualifications of secretary.

The secretary of the Department of Agriculture and Natural Resources shall be qualified by training and experience to administer the programs of the Department of Agriculture and Natural Resources and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 117; SL 1991, ch 17, (Ex. Ord. 91-4), § 17; SDCL § 1-40-3; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-41-3

1-41-3. Repealed by SL 2004, ch 26, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-3.1. Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources.

The functions of forestry pursuant to chapter 41-20 and forest insect and disease control pursuant to chapter 41-21 within the Department of Game, Fish and Parks are hereby transferred under a type 2 transfer, as defined in section 3, chapter 2 of the Session Laws of 1973, to the Department of Agriculture and Natural Resources.

Source: SL 1984, ch 276, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-3.2. Office of agricultural and natural resources policy created--Responsibilities.

There is hereby created within the Department of Agriculture and Natural Resources the office of agricultural and natural resources policy. The office is responsible for researching and developing factual information on issues affecting the State of South Dakota and its agricultural industry and the state's natural resources. The office may develop briefing documents, policy statements, and other informational documents for the secretary of agriculture and natural resources and the Governor on a variety of subjects, including:

(1) Federal legislative or regulatory issues;

(2) United States Department of Agriculture programs and policies;

(3) International trade and trade relations;

(4) Wetlands issues;

(5) Forestry and timber cutting issues;

(6) Endangered species issues;

(7) Railroad issues;

(8) Landowner rights issues;

(9) Animal depredation issues;

(10) Weed and pest control issues;

(11) Wilderness designation and development areas;

(12) Food quality, quantity, and protection issues;

(13) Environmental management issues; and

(14) Any other issue or problem designated by the secretary or the Governor.

Source: SL 2000, ch 9, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 44, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-3.3. Divisions constituting department.

The Department of Agriculture and Natural Resources shall consist of such divisions as the secretary determines in accordance with § 1-32-4.

Source: SL 1973, ch 2, § 118; SL 1991, ch 17 (Ex. Ord. 91-4), § 18; SDCL § 1-40-4; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-3.4. Limitation on stringency of certain rules.

No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue.

Source: SL 1992, ch 254, § 100; SDCL § 1-40-4.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-4. Performance of functions of former department.

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the Department of Agriculture created by chapters 38-1, 34-35, 39-1, 40-37, 41-20, 54-13 and all the functions of the former Department of Environment and Natural Resources created by Title 34, 34A, 45, 46, and 46A, except the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.

Source: SL 1973, ch 2, § 131; SL 1980, ch 26, § 14; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2021, ch 1 (Ex. Ord. 21-3), § 45, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-4.1. Performance of functions of abolished agencies.

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, administer all the functions of the following former agencies:

(1) The Division of Markets created by chapter 38-1;

(2) The Division of Inspections created by chapter 38-1;

(3) The Division of Plant Industry created by chapter 38-1;

(4) The Division of Production and Marketing Cooperatives created by chapter 38-1;

(5) The Division of Weed Control created by chapter 38-1;

(6) The Department of Horticulture created by chapter 38-23.

Source: SL 1974, ch 3, §§ 29, 31; SL 2021, ch 1 (Ex. Ord. 21-3), § 46, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-5. Boards and commissions--Administrative functions performed by department--Nomination of officers.

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following boards and commissions:

(1) The American Dairy Association of South Dakota, created by chapter 40-31;

(2) The Seed Certification Board, created by chapter 38-11;

(3) The South Dakota Weed and Pest Control Commission, created by chapter 38-22;

(4) The State Fair Commission, created by chapter 1-21;

(5) The Water Management Board, created by chapter 1-41;

(6) The Board of Certification of Water Systems Operators, created by chapter 34A-3;

(7) The South Dakota Conservancy District, created by chapter 46A-2;

(8) The Board of Minerals and Environment, created by chapter 1-41; and

(9) The State Emergency Response Commission, created by chapter 1-50.

Notwithstanding this section, the staff director of the American Dairy Association of South Dakota is nominated pursuant to § 40-31-2.1.

Source: SL 1973, ch 2, §§ 132, 134, 135, 192, 193, 195, 196; SL 1975, ch 6, § 2; SL 1993, ch 302, § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 47, eff. Apr. 19, 2021; SL 2024, ch 146, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-41-5.1

1-41-5.1. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-41-6

1-41-6. Repealed by SL 2013, ch 191, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-6.1. State Conservation Commission--Organization.

The State Conservation Commission, created by § 38-7-3, shall continue within the Department of Agriculture and Natural Resources.

Source: SL 1975, ch 23, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 48, eff. Apr. 19, 2021; SL 2024, ch 166, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-41-7

1-41-7. Repealed by SL 1974, ch 6, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-41-8

1-41-8. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-9. Repealed.

Source: SL 1985, ch 399, § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 49, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-10. Repealed.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 33; SL 2021, ch 1 (Ex. Ord. 21-3), § 50, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-11. Board of Water and Natural Resources created--Functions--Appointment and terms of members.

The Board of Natural Resource Development is abolished. There is created a Board of Water and Natural Resources. The board shall perform all functions exercised by the former Board of Natural Resource Development. The Board of Water and Natural Resources shall consist of seven members not all of the same political party and appointed by the Governor for four-year terms. The terms of members of the Board of Water and Natural Resources who are first appointed after the effective date of this order shall be: one appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and two for a term of four years, and such initial terms shall be designated by the Governor. 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.

Source: SL 1973, ch 2, § 120; SL 1979, ch 354, §§ 18, 19; SDCL § 1-40-5; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-11.1. Officers of board--Quorum--Removal of members.

The Board of Water and Natural Resources shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The members are removable for cause only.

Source: SL 1973, ch 2, § 120; SL 1974, ch 3, § 37; SL 2011, ch 165, § 1; SDCL § 1-40-6; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-11.2. Water Management Board--Transfer of certain functions to Board of Water and Natural Resources.

The functions of the Water Management Board relating to water pollution control grants, community water systems grants, and lake protection grants, respectively, are transferred to the Board of Water and Natural Resources.

Source: SL 1981, ch 374, § 17; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 34, § 2; SDCL § 1-40-20.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021; SL 2021, ch 163, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-12. State geologist--Duties.

The secretary of the Department of Agriculture and Natural Resources may employ a geologist with an advanced degree in geology or related physical science as the state geologist. The state geologist shall act as advisor to the secretary in all matters pertaining to geology, hydrology, and natural history. The state geologist shall primarily conduct research to evaluate the natural resources of the state.

Source: SL 1973, ch 2, § 119; SL 1991, ch 17 (Ex. Ord. 91-4), § 20; SL 2017, ch 10, § 1; SDCL § 1-40-7; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-12.1. Performance of functions of state geologist relating to oil and gas conservation.

The functions of the state geologist relative to oil and gas conservation, pursuant to chapter 45-9, are transferred to the Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources.

Source: SL 1984, ch 343, § 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-7.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-13. Performance of administrative functions of conservancy district board.

Except as provided in § 1-41-13.1, the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-9; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-13.1. Performance of nonadministrative functions of conservancy district board.

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1) of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2.

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2004, ch 17, § 5; SDCL § 1-40-10; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-14. Performance of administrative development functions of Water Resources Commission.

Except as provided in § 1-41-14.1, the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-11; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-14.1. Performance of nonadministrative development functions of former Water Resources Commission.

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1) of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2005, ch 10, § 38; SDCL § 1-40-12; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15. Water Management Board created--Appointment and terms of members.

There is created a Water Management Board within the Department of Agriculture and Natural Resources. The board shall consist of seven members to be appointed by the Governor for a term of four years, and no more than four members shall be of the same political party. The terms of members of the Water Management Board who are first appointed after the effective date of this order shall be: two appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and one for a term of four years, and such initial terms are to be designated by the Governor. 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.

Source: SL 1979, ch 354, §§ 24, 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-15; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15.1. Qualifications of Water Management Board members.

One member of the Water Management Board shall be appointed to represent the public at large. One member shall be a person who holds a valid South Dakota well driller's license and is a South Dakota resident. One member shall be experienced in municipal government and operations. One member shall be experienced in irrigation methods and techniques. One member shall have knowledge of the concerns of domestic water users. One member shall be experienced in the area of industrial uses of water. One member shall represent fish and wildlife interests.

Source: SL 1979, ch 354, § 26; SL 1995, ch 11, § 1; SDCL § 1-40-16; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15.2. Quorum of Water Management Board.

A majority of the appointed members of the Water Management Board constitutes a quorum. A majority of those present and voting is sufficient to perform official functions of the board.

Source: SL 1979, ch 354, § 27; SL 2011, ch 165, § 2; SDCL § 1-40-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15.3. Officers of Water Management Board--Meetings.

The Water Management Board shall annually elect a chair, vice chair, and secretary. A prehearing officer may be appointed by the board as needed to conduct prehearing matters. The board shall meet at least four times a year upon the call of the chair or the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1979, ch 354, § 28; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-18; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021; SL 2021, ch 13, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15.4. Functions of Water Management Board.

The Water Management Board shall perform all functions exercised by the former State Water Rights Commission. The Water Management Board shall perform the quasi-legislative, quasi-judicial, and special budgetary functions pursuant to chapters 34A-2 and 34A-3, and all advisory functions relating to water quality and water hygiene, except such functions as are specifically conferred by law upon the secretary.

Source: SL 1979, ch 354, §§ 24, 29; SL 1993, ch 257, § 10; SDCL § 1-40-19; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-15.5. Water pollution control powers.

The secretary of agriculture and natural resources and the Water Management Board shall, respectively, exercise the powers vested in the secretary of environmental protection and the Board of Environmental Protection by chapter 34A-2 with respect to control of water pollution.

Source: SL 1973, ch 280, § 7; SDCL Supp, § 1-38-7; SL 1979, ch 354, §§ 20, 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL 1-40-20; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-16. Environmental protection functions of department and secretary.

The Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources shall perform the functions of the former Department of Environmental Protection and the former secretary of environmental protection pursuant to chapters 34A-2, 34A-3, and 34A-9.

Source: SL 1979, ch 354, § 20; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-22; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-17. Water quality and hygiene functions.

The secretary of the Department of Agriculture and Natural Resources shall perform the functions of the former secretary of the Department of Environmental Protection, relating to the divisions of water quality and water hygiene, pursuant to chapters 34A-2, 34A-3, and 34A-9.

Source: SL 1979, ch 354, § 21; SL 1991, ch 17 (Ex. Ord. 91-4), § 19; SDCL § 1-41-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-18. Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes.

The functions of the Department of Health, the secretary of health, and the director of the Division of Environmental Health pursuant to chapters 34A-1 and 34A-6, their functions relating to radiation monitoring and control for mineral exploration, mining, milling, and processing pursuant to chapter 34-21, and their functions dealing with the generation, transportation, treatment, storage, and disposal of hazardous materials and wastes are transferred to the department and secretary of agriculture and natural resources. The personnel and budget of the Division of Environmental Health are transferred to the Department of Agriculture and Natural Resources.

Source: SL 1981, ch 374, § 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-24; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-19. Board of Minerals and Environment--Composition--Appointment and terms of members.

The Board of Minerals and Environment consists of nine members appointed by the Governor, not all of whom may be from the same political party. The terms of the members of the board are for 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.

Source: SL 1981, ch 374, §§ 19 to 22; SDCL Supp, § 1-43-7.1; SL 2011, ch 165, § 3; SDCL § 1-40-25; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-19.1. Board of Minerals and Environment composed in conformance with Clean Air Act.

In addition to the provisions of § 1-41-19, the Board of Minerals and Environment shall be composed in conformance with the requirement of the Clean Air Act § 128 (42 USC § 7428) as amended to January 1, 1995, for all permits and enforcement orders initiated under chapter 34A-1.

Source: SL 1995, ch 318 (Ex. Ord. 95-2), § 15; SDCL § 1-40-25.1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-19.2. Officers of Board of Minerals and Environment--Quorum--Meetings.

The Board of Minerals and Environment shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The board shall hold meetings at the call of the chair or a majority of the members, but at least one meeting shall be held every three months.

Source: SL 1973, ch 2, § 100; SL 1974, ch 3, § 37; SDCL Supp, §§ 1-38-5, 1-43-8; SL 2011, ch 165, § 4; SDCL § 1-40-26; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-20. Rejection of applications for certain environmental protection, mining, oil, and gas permits.

The secretary may reject an application for any permit filed pursuant to Title 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that:

(1) The applicant is unsuited or unqualified to perform the obligations of a permit holder based upon a finding that the applicant, any officer, director, partner, or resident general manager of the facility for which application has been made:

(a) Has intentionally misrepresented a material fact in applying for a permit;

(b) Has been convicted of a felony or other crime involving moral turpitude;

(c) Has habitually and intentionally violated environmental laws of any state or the United States which have caused significant and material environmental damage;

(d) Has had any permit revoked under the environmental laws of any state or the United States; or

(e) Has otherwise demonstrated through clear and convincing evidence of previous actions that the applicant lacks the necessary good character and competency to reliably carry out the obligations imposed by law upon the permit holder; or

(2) The application substantially duplicates an application by the same applicant denied within the past five years which denial has not been reversed by a court of competent jurisdiction. Nothing in this subdivision may be construed to prohibit an applicant from submitting a new application for a permit previously denied, if the new application represents a good faith attempt by the applicant to correct the deficiencies that served as the basis for the denial in the original application.

All applications filed pursuant to Titles 34A and 45 shall include a certification, sworn to under oath and signed by the applicant, that he is not disqualified by reason of this section from obtaining a permit. In the absence of evidence to the contrary, that certification shall constitute a prima facie showing of the suitability and qualification of the applicant. If at any point in the application review, recommendation or hearing process, the secretary finds the applicant has intentionally made any material misrepresentation of fact in regard to this certification, consideration of the application may be suspended and the application may be rejected as provided for under this section.

Applications rejected pursuant to this section constitute final agency action upon that application and may be appealed to circuit court as provided for under chapter 1-26.

Source: SL 1991, ch 288, § 1; SL 1993, ch 257, § 3; SL 1997, ch 15, § 1; SDCL § 1-40-27; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-21. Registration for individual permits required by holders of certain general permits.

General permits issued pursuant to chapter 34A-1, 34A-2, or 34A-6 which, after public notice and opportunity for hearing before the board, are used to regulate a specific category of activities which are conducted statewide, which are similar in design and operation, and which pose relatively low risks to public health and the environment. The secretary and the board shall have the authority to require any person authorized under a general permit to apply for and obtain an individual permit if an operation cannot comply with all the terms of the general permit, if an operation is significantly different from the industry standard in design or operation, if an operation is causing or has the potential to cause a threat to public health or the environment or if a change has occurred in the availability of demonstrated technology for that activity. The secretary shall maintain a list of interested persons for each general permit issued, and shall provide notice to such persons concerning any proposed changes to the terms, content, or conditions of that general permit.

Source: SL 1991, ch 288, § 1A; SDCL § 1-40-28; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-22. Report required following the issuance of uncontested permits.

Following the issuance of any uncontested permit by the secretary pursuant to chapter 34A-1, 34A-2, 34A-6, 34A-11, 45-6B, 45-6D, or 45-9, the secretary shall give the board having jurisdiction over the permit a report. The report shall identify the activity for which the permit was issued and its location, operator, and proposed duration.

Source: SL 1991, ch 288, § 18; SDCL § 1-40-29; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-23. Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.

There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to Titles 34A, 45, 46, and 46A, and chapters 1-41, 10-39B, and 34-44 and legislative appropriations, federal grants, gifts, and civil penalties designated for deposit in the fund. The fund shall be maintained separately and administered by the department to defray the expenses associated with the programs administered by the department and any other purpose authorized by law. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 95; SL 1994, ch 23, § 1; SDCL § 1-40-30; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-23.1. Transfer of funds to environment and natural resources fee fund from water and environment fund.

On the first of July each year, six hundred thousand dollars or all the interest deposited for the previous year in the water and environment fund established pursuant to § 46A-1-60, whichever is less, shall be transferred from the water and environment fund to the environment and natural resources fee fund established pursuant to § 1-41-23.

Source: SL 1994, ch 23, § 2; SL 2009, ch 13, § 1; SL 2017, ch 38, § 8, eff. Mar. 8, 2017; SDCL § 1-40-32; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-24. Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records.

Full public inspection and disclosure of all nonconfidential public records relating to the Department of Agriculture and Natural Resources and those activities within its jurisdiction shall be allowed. The department shall make available for public inspection and disclosure all public records subject to inspection pursuant to § 1-26-2 and chapter 1-27. The department shall provide for the reproduction of all public records subject to inspection and reasonably capable of being reproduced and may impose a fee to recover the reasonable cost of reproduction. Any fee imposed for records reproduction shall be promulgated pursuant to chapter 1-26 and shall provide for fee waiver for public records requests from the press or communications media, public interest groups, educational organizations, and institutions of government. The department shall respond to all written requests for public records within twenty working days of the date when the request was received. The department may deny inspection and disclosure of any public record not subject to inspection under chapter 1-27, or held confidential pursuant to statute or court order. Written notice of denial of inspection or disclosure shall be provided to the person making the request. Such denial or failure by the department to respond within twenty working days shall be considered final agency action and may be appealed to circuit court as provided in chapter 1-26. The secretary, pursuant to chapter 1-26, may promulgate rules to implement the provisions of this section.

Any person denied access to any hazardous waste public record required under chapter 34A-11 may recover in circuit court reasonable attorney's fees and other litigation costs reasonably incurred in an action against the state if the requestor substantially prevails on judicial review.

Source: SL 1992, ch 254, § 96; SDCL § 1-40-31; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-25. Voluntary environmental audits--Assumption against civil or criminal penalties.

An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the department. By completing an environmental audit in compliance with the terms and conditions of §§ 1-41-25 to 1-41-25.4, inclusive, there shall be a presumption against the imposition of civil or criminal penalties for violations found and disclosed. Nothing in this section authorizes uninterrupted or continuous auditing. An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions.

Source: SL 1996, ch 18, § 1; SDCL § 1-40-33; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-25.1. Application of environmental audit provisions--Discovery of violations.

The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time a regulated entity has disclosed these violations in writing to the department secretary are not covered by the provisions of §§ 1-41-25 to 1-41-25.4, inclusive. If a state program is required in writing by a federal agency to assess penalties for a violation in order to maintain primacy over a federally-delegated program, or if violations caused damage to human health or the environment, the provisions of §§ 1-41-25 to 1-41-25.4, inclusive do not apply. If violations are found during an audit and disclosed in writing to the department secretary, the violations must be corrected within sixty days of discovery. If correction is not possible within sixty days, a written compliance schedule shall be negotiated between the department and the regulated entity to correct violations disclosed, unless the violation has been resolved to the satisfaction of the department at the time of the disclosure.

Source: SL 1996, ch 18, § 2; SDCL § 1-40-34; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-25.2. Environmental audit subject to discovery--Summary of disclosed violation.

The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the environmental audit report pertaining to a violation of environmental law, rule, regulation, or permit enforced by the department may be summarized for the purposes of disclosure to the department secretary. The summary shall include the date the violation was found and the entity that conducted the environmental audit.

Documents, communications, compliance data, reports, or other information required to be collected, developed, maintained, or reported to the department according to state law, rule, regulation, or permit are not covered by the provisions of §§ 1-41-25 to 1-41-25.4, inclusive.

Source: SL 1996, ch 18, § 3; SDCL § 1-40-35; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-25.3. Use of environmental audit as defense.

An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:

(1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;

(2) Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;

(3) Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-41-25 to 1-41-25.4, inclusive; or

(4) Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.

Source: SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-25.4. Removal of regulated entity from environmental audit provisions.

If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:

(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;

(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or

(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.

Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.

Source: SL 1996, ch 18, § 5A; SDCL § 1-40-37; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-26. Promulgation of rules governing inspection of certain concentrated animal feeding operations.

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to establish an inspection and enforcement program or system for any concentrated animal feeding operation that is required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications pursuant to § 34A-2-27.

Source: SL 1997, ch 207, § 1; SDCL § 1-40-38; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-27. Electronic signatures permitted on certain documents.

The department may accept a document with an electronic signature if submitted in that form by the signatory to comply with state environmental regulatory requirements. The department shall provide for the authenticity of each electronic signature by adhering to any standards established by the Bureau of Information and Telecommunications pursuant to §§ 53-12-47 and 53-12-50 or any other standards the department may establish by rules promulgated pursuant to chapter 1-26. Any entity submitting a report to the department as required by the United States Environmental Protection Agency or a state environmental program approved by the United States Environmental Protection Agency may satisfy reporting requirements by cross-media electronic reporting in lieu of paper-based reporting as provided for by the United States Environmental Protection Agency pursuant to the standards promulgated in the Federal Register, Vol. 70, No. 197 (October 13, 2005--40 CFR Parts 3, 9, 51 et al.--Cross-Media Electronic Reporting; Final Rule).

Source: SL 2010, ch 12, § 1; SDCL § 1-40-39; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-28. Establishment of program to separate and recover recyclable materials--Inclusion of local government.

The Department of Agriculture and Natural Resources shall establish a program to reduce the amount of solid waste generated by state agencies and to promote the separation and recovery of recyclable materials and the procurement of recycled materials and recovered materials by state agencies to include such items as paper, oil, plastics, compost, aggregate, insulation, solvents, and rubber products. Each agency shall participate in the source reduction and recycling program. The Department of Agriculture and Natural Resources shall also investigate opportunities for the inclusion of local governmental units in the program and shall permit participation of local governmental units in the program if feasible.

Source: SL 1992, ch 254, § 42; SDCL § 5-23-38; SL 2010, ch 31, § 118; SDCL § 1-40-40; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-41-28.1. Promulgation of rules for state agency recycling programs.

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to require each state agency to establish a program for the separation for recycling of all materials listed in § 34A-6-67 or whose disposal is prohibited by rule under §§ 34A-6-59 to 34A-6-92, inclusive, which are generated as waste by the agency. In addition, the rules shall require each agency, in accordance with recommendations made by the Department of Agriculture and Natural Resources, to establish an agency wastepaper recycling program by July 1, 1993, to ensure the recycling of the wastepaper generated by the agency. All state employees shall practice conservation of paper materials. For the purposes of this section, the term, agency wastepaper, means wastepaper or wastepaper products generated by the agency. The rules promulgated under this section shall provide for the continuation of existing state agency contracts which provide for alternative waste management not including incineration or land burial of agency wastepaper.

Source: SL 1992, ch 254, § 43; SDCL 5-23-39; SL 2010, ch 31, § 118; SDCL § 1-40-41; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42 DEPARTMENT OF TOURISM [REPEALED AND TRANSFERRED]

CHAPTER 1-42

DEPARTMENT OF TOURISM [REPEALED AND TRANSFERRED]

1-42-1      Repealed.
1-42-1.1      Obsolete.
1-42-1.2      Repealed.
1-42-2, 1-42-3. Repealed.
1-42-3.1 to 1-42-5.1. Obsolete.
1-42-6      Obsolete.
1-42-7 to 1-42-12. Repealed.
1-42-13      Transferred.
1-42-14      Obsolete.
1-42-15      Obsolete.
1-42-15.1      Transferred.
1-42-15.2      Transferred.
1-42-15.3 to 1-42-15.9. Transferred.
1-42-16      Obsolete.
1-42-17      Obsolete.
1-42-17.1      Repealed.
1-42-17.2 to 1-42-17.5. Repealed.
1-42-17.6      Repealed.
1-42-17.7      Superseded.
1-42-18 to 1-42-20. Obsolete.
1-42-21      Obsolete.
1-42-21.1 to 1-42-23. Transferred.
1-42-24      Transferred.
1-42-24.1      Executed.
1-42-25      Transferred.
1-42-26      Transferred.
1-42-27      Transferred.
1-42-28      Transferred.
1-42-28.1      Transferred.
1-42-29      Transferred.
1-42-30      Transferred.
1-42-31      Transferred.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-1

1-42-1. Repealed by SL 1982, ch 17, § 52.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-1.1

1-42-1.1. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-1.2

1-42-1.2. Repealed by SL 2009, ch 1, § 126.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-2

1-42-2, 1-42-3. Repealed by SL 1982, ch 17, §§ 53, 54.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-3.1

1-42-3.1 to 1-42-5.1. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-6

1-42-6. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-7

1-42-7 to 1-42-12. Repealed by SL 1982, ch 17, §§ 55 to 60.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-13

1-42-13. Transferred to § 1-33-22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-14

1-42-14. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-15

1-42-15. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-15.1

1-42-15.1. Transferred to § 1-16G-1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-15.2

1-42-15.2. Transferred to § 1-16G-2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-15.3

1-42-15.3 to 1-42-15.9. Transferred to §§ 1-16G-12 to 1-16G-18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-16

1-42-16. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-17

1-42-17. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-17.1

1-42-17.1. Repealed by SL 2009, ch 1, § 127.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-17.2

1-42-17.2 to 1-42-17.5. Repealed by SL 2003, ch 272, §§ 94 to 97.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-17.6

1-42-17.6. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 98, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-17.7

1-42-17.7. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-18

1-42-18 to 1-42-20. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-21

1-42-21. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-21.1

1-42-21.1 to 1-42-23. Transferred to §§ 1-52-14 to 1-52-16 by SL 2009, ch 1, § 129.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-24

1-42-24. Transferred to § 1-16G-3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-24.1

1-42-24.1. Executed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-25

1-42-25. Transferred to § 1-16G-4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-26

1-42-26. Transferred to §§ 1-16G-5 and 1-16G-8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-27

1-42-27. Transferred to § 1-16G-10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-28

1-42-28. Transferred to § 1-16G-11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-28.1

1-42-28.1. Transferred to § 1-16G-6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-29

1-42-29. Transferred to § 1-16G-9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-30

1-42-30. Transferred to § 1-16G-7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-42-31

1-42-31. Transferred to § 1-52-17 by SL 2009, ch 1, § 129.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43 DEPARTMENT OF HEALTH

CHAPTER 1-43

DEPARTMENT OF HEALTH

1-43-1      Department continued.
1-43-2      Secretary as head of department--Functions.
1-43-2.1 to 1-43-3. Repealed.
1-43-4      Repealed.
1-43-5      Repealed.
1-43-6      Repealed.
1-43-7      Superseded.
1-43-7.1      Transferred.
1-43-8      Transferred.
1-43-9, 1-43-10. Superseded.
1-43-11      Cancer data collection system.
1-43-12      Authority to contract for implementation and maintenance of cancer data collection system.
1-43-13      Rules for establishment, maintenance, and use of cancer data collection system.
1-43-14      Cancer detection or treatment reporting requirements.
1-43-15      Repealed.
1-43-16      Data collection--Availability to public.
1-43-17      Good faith reporting--Immunity from liability.
1-43-18      Transmittal of nonresident cancer diagnoses to national cancer registries.
1-43-19      Comprehensive health data system established--Purpose.
1-43-20      Public or private entities allowed to implement and maintain health care data system.
1-43-21      Promulgation of rules for establishment, maintenance and use of health care data system.
1-43-22      Repealed.
1-43-23      Repealed.
1-43-24      Annual health data system report available to public.
1-43-25 to 1-43-28. Repealed.
1-43-29, 1-43-30. Repealed.
1-43-31      Information excepted from health data system reporting requirements.
1-43-32      Contingent implementation of comprehensive health data system.
1-43-33      Promulgation of rules for comprehensive health data system .
1-43-34      Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-1. Department continued.

The Department of Health is hereby continued.

Source: SL 1973, ch 2, § 210.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-2. Secretary as head of department--Functions.

The head of the Department of Health is the secretary of health. He shall administer all the functions of the former position of state health officer, created by chapter 34-1.

Source: SL 1973, ch 2, § 211; SL 1974, ch 3, § 27.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-2.1

1-43-2.1 to 1-43-3. Repealed by SL 2016, ch 169, §§ 1 to 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-4

1-43-4. Repealed by SL 1989, ch 21, § 37.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-5

1-43-5. Repealed by SL 2013, ch 154, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-6

1-43-6. Repealed by SL 1988, ch 278, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-7

1-43-7. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-7.1

1-43-7.1. Transferred to § 1-40-25.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-8

1-43-8. Transferred to § 1-40-26.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-9

1-43-9, 1-43-10. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-11. Cancer data collection system.

The Department of Health shall establish and maintain a central cancer data collection system for cancer cases in South Dakota in accordance with the confidentiality provisions of § 34-14-1 and the terms of §§ 1-43-11 to 1-43-17, inclusive.

Source: SL 1991, ch 18, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-12. Authority to contract for implementation and maintenance of cancer data collection system.

In establishing a cancer data collection system pursuant to § 1-43-11, the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the cancer data collection system.

Source: SL 1991, ch 18, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-13. Rules for establishment, maintenance, and use of cancer data collection system.

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a cancer data collection system pursuant to §§ 1-43-11 and 1-43-12. The rules shall include:

(1) Provisions requiring the reporting of cancer cases or specifying circumstances under which cancer cases shall be reported;

(2) Criteria for authorizing persons or entities to undertake cancer data collection;

(3) Criteria and procedures for maintaining confidentiality as required in § 1-43-11; and

(4) Procedures and requirements governing the structure and objectives of the cancer data collection system and the reporting, collection, analysis, and dissemination of data and information related to the cancer data collection system.

Source: SL 1991, ch 18, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-14. Cancer detection or treatment reporting requirements.

Any hospital licensed pursuant to chapter 34-12, physician licensed pursuant to chapter 36-4, physician assistant licensed pursuant to chapter 36-4A, certified nurse practitioner or certified nurse midwife licensed pursuant to chapter 36-9A, pathology laboratory, or free-standing radiology center that detects, diagnoses, or treats a cancer case in South Dakota shall submit a report to the Department of Health as required by §§ 1-43-11 to 1-43-17, inclusive.

Source: SL 1991, ch 18, § 4; SL 2005, ch 22, § 1; SL 2017, ch 171, § 50.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-15

1-43-15. Repealed by SL 2005, ch 22, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-16. Data collection--Availability to public.

Any statistical summary of data collected under the provisions of §§ 1-43-11 to 1-43-17, inclusive, shall be available to the public, but may not be sold by the Department of Health or any agent under contract or agreement with the department pursuant to § 1-43-12. Any data released shall be presented in such a statistical manner that no person, who represents a case contained in the cancer data collection system, may be identified.

Source: SL 1991, ch 18, § 6; SL 1992, ch 20, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-17. Good faith reporting--Immunity from liability.

Good faith reporting or disclosure pursuant to §§ 1-43-11 to 1-43-16, inclusive, does not constitute a libel or slander or violation of the right of privacy or privileged communication. Any person who in good faith complies with the reporting requirements of §§ 1-43-11 to 1-43-16, inclusive, or any request that may be made by the Department of Health pursuant to §§ 1-43-11 to 1-43-16, inclusive, is immune from civil and criminal liability for such action taken in compliance with the provisions of §§ 1-43-11 to 1-43-16, inclusive.

Source: SL 1991, ch 18, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-18. Transmittal of nonresident cancer diagnoses to national cancer registries.

The Department of Health, by agreement, may transmit transcripts or copies of reports of cancer diagnoses to state or national cancer registries if the reports relate to residents of other states or countries. The agreement shall require that the transcripts or records be used under the terms provided in §§ 1-43-11 to 1-43-17, inclusive.

Source: SL 1992, ch 20, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-19. Comprehensive health data system established--Purpose.

The Department of Health shall coordinate the establishment and maintain oversight of a comprehensive health data system for the purposes of:

(1) Health care planning, policy development, policy evaluation, and research by federal, state, and local governments;

(2) Monitoring payments for health services by the federal and state governments;

(3) Assessing and improving the quality of health care;

(4) Measuring and optimizing access to health care;

(5) Supporting public health functions and objectives;

(6) Improving the ability of health plans, health care providers, and consumers to coordinate, improve, and make choices about health care; and

(7) Monitoring costs at provider and plan levels.

Source: SL 1993, ch 23, § 1; SL 1994, ch 24, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-20. Public or private entities allowed to implement and maintain health care data system.

In establishing a health care data system pursuant to § 1-43-19, the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the health care data system.

Source: SL 1993, ch 23, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-21. Promulgation of rules for establishment, maintenance and use of health care data system.

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a health care data system pursuant to §§ 1-43-19 and 1-43-20. The rules shall include:

(1) A listing of specific data elements to be reported;

(2) Criteria for authorizing persons or entities to undertake health care data collection;

(3) Criteria and procedures for maintaining confidentiality; and

(4) Procedures and requirements governing the structure and objectives of the health care data system and the reporting, collections, analysis, quality assurance, and dissemination of data and information related to the health care data system.

Source: SL 1993, ch 23, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-22

1-43-22. Repealed by SL 2013, ch 154, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-23

1-43-23. Repealed by SL 1994, ch 24, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-24. Annual health data system report available to public.

Annual reports of data collected pursuant to §§ 1-43-19 to 1-43-21, inclusive, shall be available to the public. Any data released shall be presented in a manner such that no person may be identified.

Source: SL 1993, ch 23, § 6; SL 2013, ch 154, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-25

1-43-25 to 1-43-28. Repealed by SL 2013, ch 154, §§ 4 to 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-43-29

1-43-29, 1-43-30. Repealed by SL 1994 ch 24, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-31. Information excepted from health data system reporting requirements.

Nothing established in §§ 1-43-19 and 1-43-33, or in any rules promulgated pursuant thereto requires any health facility as defined in chapter 34-12 to provide any information which would violate the provisions of § 36-4-26.1.

Source: SL 1994, ch 24, § 5; SL 2013, ch 154, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-32. Contingent implementation of comprehensive health data system.

Implementation of the comprehensive health data system shall be contingent upon the receipt of federal or other funds by the Department of Health or other relevant state agencies to the extent necessary to carry out the provisions of §§ 1-43-19 and 1-43-33.

Source: SL 1994, ch 24, § 6; SL 2013, ch 154, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-33. Promulgation of rules for comprehensive health data system.

The Department of Health shall promulgate rules, pursuant to chapter 1-26, to specify criteria, procedures, and forms for submitting health related data and to establish standards for information collection.

Source: SL 1994, ch 24, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-43-34. Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment.

Each person hired by the Department of Health, within the forensic chemistry unit of the State Public Health Laboratory or the Office of Vital Records, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 3; SL 2019, ch 9, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44 DEPARTMENT OF TRANSPORTATION

CHAPTER 1-44

DEPARTMENT OF TRANSPORTATION

1-44-1      Department continued.
1-44-2      Secretary as head of department.
1-44-3      Agencies constituting department.
1-44-4      Transportation Commission created--Appointment and qualifications of members.
1-44-5      Geographic areas represented on Transportation Commission.
1-44-6      Terms of office of commission members--Vacancies.
1-44-7      Officers of Transportation Commission--Functions--Meetings.
1-44-7.1      Repealed.
1-44-7.2      Repealed.
1-44-7.3      Promulgation of rules regarding public transportation assistance grants.
1-44-7.4      Rules for intercity bus service assistance.
1-44-7.5      Promulgation of rules regarding county highway and bridge improvement plans.
1-44-8      Transportation Commission authority over allocation of construction funds.
1-44-9, 1-44-10. Repealed.
1-44-11      Performance of functions of Aeronautics Commission.
1-44-12      Repealed.
1-44-13 to 1-44-14.1. Repealed.
1-44-15      Transferred.
1-44-16      Contracts for tourism promotion programs.
1-44-17      Repealed.
1-44-18      Duties of department as to railroads.
1-44-19      Repealed.
1-44-20      Powers of department as to railroads.
1-44-21      Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.
1-44-22      Department may accept and spend funds.
1-44-23      Repealed.
1-44-24      Liberal construction of department's authority.
1-44-25      South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.
1-44-26      Railroad Board--Qualifications of members.
1-44-27      Approval by Railroad Board of department activities.
1-44-28      Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility.
1-44-29      Records of railroad property management.
1-44-30      Rules for management of property.
1-44-31      Railroads administration fund--Creation--Services--Expenditure.
1-44-32      Funds subject to state budget provisions.
1-44-33      Repealed.
1-44-34      Repealed.
1-44-35      Repealed.
1-44-36      Use of recovered material by Department of Transportation.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-1. Department continued.

The Department of Transportation is hereby continued.

Source: SL 1973, ch 2, § 221.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-2. Secretary as head of department.

The head of the Department of Transportation is the secretary of transportation.

Source: SL 1973, ch 2, § 222.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-3. Agencies constituting department.

The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation.

Source: SL 1973, ch 2, § 224; SL 1996, ch 20, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-4. Transportation Commission created--Appointment and qualifications of members.

There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be from the same political party. No two members may at the same time be a resident of the same county.

Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 1; SL 1979, ch 355, §§ 17, 18, 20; SL 1983, ch 391, § 17; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2010, ch 145, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-5. Geographic areas represented on Transportation Commission.

Members of the Transportation Commission shall be appointed to represent geographic population areas as follows:

(1) Two members from area 1, consisting of the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, and Spink;

(2) Three members from area 2, consisting of the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton;

(3) Two members from area 3, consisting of the counties of Bennett, Campbell, Corson, Dewey, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, and Ziebach;

(4) Two members from area 4, consisting of the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins.

A member shall at all times during each respective appointment be a resident of such area.

Source: SL 1973, ch 184, § 3; SL 1979, ch 355, § 19; SL 1983, ch 391, § 18; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-6. Terms of office of commission members--Vacancies.

Terms of members of the Transportation Commission are 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.

Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 2; SL 1979, ch 355, § 20; SL 1980, ch 369; SL 1983, ch 391, § 18; SL 2010, ch 145, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-7. Officers of Transportation Commission--Functions--Meetings.

The Transportation Commission shall annually elect from its members such officers as it deems advisable. A majority of the commission members constitute a quorum. The commission shall exercise such functions as are provided by this chapter and such other functions as may be assigned to it by law. The commission shall hold meetings at the call of the chair or a majority of the members.

Source: SL 1973, ch 2, § 233; SL 2010, ch 145, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-7.1

1-44-7.1. Repealed by SL 2010, ch 145, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-7.2

1-44-7.2. Repealed by SL 2007, ch 28, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-7.3. Promulgation of rules regarding public transportation assistance grants.

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, for administration, terms, and conditions for the disbursements of money to those eligible for public transportation assistance grant funds.

Source: SL 1992, ch 21, § 3; SL 2007, ch 28, § 8; SL 2019, ch 10, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-7.4. Rules for intercity bus service assistance.

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 for the administration, terms, and conditions for the disbursement of money to the providers of intercity bus service and to establish criteria for the selection of such providers to receive funds appropriated for intercity bus transportation, in conformance with applicable federal guidelines and regulations. In establishing the criteria for disbursement of money under this section, the Transportation Commission shall consider the economic losses of operators providing intercity bus service as documented by a complete description of service and a financial statement of all intercity operators applying for the assistance under this section. The Transportation Commission shall also consider each operator's total number of miles traveled in providing intercity bus service in South Dakota.

Source: SL 1993, ch 345, § 10C.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-7.5. Promulgation of rules regarding county highway and bridge improvement plans.

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to establish the requirements for a county highway and bridge improvement plan that details proposed county highway and bridge improvement projects in a county for the next five years. The rules shall provide for the format of the plan and the time by which an update of the plan must be submitted each year.

Source: SL 2015, ch 165, § 3, eff. Apr. 1, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-8. Transportation Commission authority over allocation of construction funds.

Notwithstanding other provisions of this title, the Transportation Commission has final authority within the Department of Transportation over the allocation of all funds for the construction of transportation facilities.

Source: SL 1973, ch 2, § 234; SL 2010, ch 145, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-9

1-44-9, 1-44-10. Repealed by SL 1996, ch 20, §§ 2, 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-11. Performance of functions of Aeronautics Commission.

The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except:

(1) Advisory functions (as defined in § 1-32-1) with respect to programs associated with the commission;

(2) Special budgetary functions (as defined in § 1-32-1) provided for by §§ 50-4-12 to 50-4-17, inclusive, 50-2-12, 50-7-10, and 50-7-15 to 50-7-19, inclusive, and chapter 50-4;

(3) Quasi-legislative and quasi-judicial functions (as defined in § 1-32-1) provided for by chapters 50-2, 50-5, 50-9, 50-10, 50-11, 50-12, and 50-13.

Source: SL 1973, ch 2, §§ 227, 228; SL 1974, ch 3, § 33; SL 1997, ch 16, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-12

1-44-12. Repealed by SL 1997, ch 16, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-13

1-44-13 to 1-44-14.1. Repealed by SL 2010, ch 145, §§ 6 to 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-15

1-44-15. Transferred to § 1-33-14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-16. Contracts for tourism promotion programs.

The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation.

Source: SL 1973, ch 2, § 207; SL 1984, ch 207, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-17

1-44-17. Repealed by SL 1996, ch 20, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-18. Duties of department as to railroads.

The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal-state relationship of programs relating to railroads, assist any public or private agency or corporation in coordinating railroad services with those of other transportation modes, recommend, prepare, and review plans and specifications for any project undertaken by the South Dakota Railroad Authority, and arrange for and coordinate rail service over any properties and facilities acquired, leased, or controlled by the State of South Dakota Railroad Authority.

Source: SL 1975, ch 26, § 2; SL 1980, ch 325, § 2; SL 1996, ch 20, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-19

1-44-19. Repealed by SL 1982, ch 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-20. Powers of department as to railroads.

The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, or authority, on such terms and conditions as the department shall determine, including providing for the acquisition, operation, maintenance, and improvement of public rail lines, and the acquisition and disposition of any and all rights-of-way, land, facilities, fixtures and appurtenant structures, services and equipment, determined by the department to be necessary or appropriate.

Source: SL 1980, ch 325, § 3; SL 1996, ch 20, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-21. Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.

Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature.

Source: SL 1980, ch 325, § 3A; SL 1981, ch 331, § 2; SL 1996, ch 20, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-22. Department may accept and spend funds.

The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers.

Source: SL 1980, ch 325, § 4; SL 1996, ch 20, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-23

1-44-23. Repealed by SL 1987, ch 210, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-24. Liberal construction of department's authority.

The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed.

Source: SL 1980, ch 325, § 6; SL 1996, ch 20, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-25. South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.

The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer. No member may be removed from office except for cause.

The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1980, ch 325, § 7; SL 2010, ch 145, § 9; SL 2012, ch 16, § 25; SL 2013, ch 176, § 18; SL 2014, ch 218, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-26. Railroad Board--Qualifications of members.

At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in the operation of railroad service. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in private or public finance. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in marketing. At least one member of the commission shall be, in the opinion of the Governor, a person who is a user of rail service. Two members shall be from the public at large.

Source: SL 1980, ch 325, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-27. Approval by Railroad Board of department activities.

The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state.

Source: SL 1980, ch 325, § 9; SL 1996, ch 20, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-28. Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility.

The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue leases, licenses, easements, or other agreements as may be necessary to provide for the use of any property or facility not used directly in rail operations. Prior to any sale, except a sale for railroad purposes, of state-owned railroad property, the state shall provide the lessee of any railroad property affected by the sale and, if there is no lessee, the owner of any property abutting railroad property with written notice of the proposed sale. The state shall give the lessee or abutting owner sixty days from the notice to purchase the property at not less than its appraised value. No vacation, change, relocation, or sale of state-owned railway property as provided in this chapter diminishes any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.

Source: SL 1981, ch 12, § 1; SL 1986, ch 23; SL 1996, ch 20, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-29. Records of railroad property management.

The Department of Transportation shall maintain those property management records generally maintained by railroads for state-owned railroad property and facilities.

Source: SL 1981, ch 12, § 2; SL 1996, ch 20, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-30. Rules for management of property.

Pursuant to chapter 1-26, the railroad board shall adopt and publish rules to implement § 1-44-29. The railroad board may, by board resolution, implement the provisions of § 1-44-28 and need not implement such provisions pursuant to §§ 1-26-4 to 1-26-14, inclusive.

Source: SL 1981, ch 12, § 3; SL 1982, ch 20, § 1; SL 1987, ch 210, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-31. Railroads administration fund--Creation--Services--Expenditure.

There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To the extent possible, expenditures for administration and maintenance of railroad property, including, but not limited to, funds sufficient to staff, administer, equip, and maintain the records of state-owned railroad property and facilities and to provide for weed control, fences, security, railroad crossing, and safety warning signs on state railroad property, not otherwise provided for, shall be paid from funds on deposit in the railroads administration fund.

Source: SL 1981, ch 12, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-32. Funds subject to state budget provisions.

Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7.

Source: SL 1981, ch 12, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-33

1-44-33. Repealed by SL 2015, ch 13, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-34

1-44-34. Repealed by SL 1982, ch 21, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-44-35

1-44-35. Repealed by SL 2006, ch 2, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-44-36. Use of recovered material by Department of Transportation.

The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all highway improvements, consistent with safe engineering practices. The Department of Transportation shall specify the proportion of recovered material that may be used in various types of highway improvements.

Source: SL 1992, ch 254, § 50D.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-45

DEPARTMENT OF EDUCATION

1-45-1 Department continued.

1-45-1.1 Department renamed.

1-45-1.2 Division of Library Services created--State Library Office transferred.

1-45-2 Secretary as head of department.

1-45-3 Qualifications of secretary.

1-45-4 Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.

1-45-4.1 1-45-4.1. Superseded.

1-45-4.2 1-45-4.2, 1-45-4.3. Repealed by SL 1996, ch 8, §§ 11, 12.

1-45-4.4 Services to visually impaired and deaf or hard of hearing children.

1-45-4.5 1-45-4.5. Repealed by SL 1996, ch 8, § 14.

1-45-5 1-45-5. Obsolete.

1-45-6 1-45-6. Obsolete.

1-45-6.1 Board of Education Standards created--Appointment of members--Terms.

1-45-6.2 Vacancies on board--Meetings of board.

1-45-6.3 1-45-6.3, 1-45-6.4. Repealed by SL 2017, ch 81, §§ 47, 58.

1-45-6.5 1-45-6.5. Repealed by SL 2006, ch 73, § 1.

1-45-6.6 1-45-6.6. Repealed by SL 2018, ch 12, § 2.

1-45-7 1-45-7. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.

1-45-8 1-45-8. Repealed by SL 1976, ch 110, § 3.

1-45-9 1-45-9 to 1-45-12. Obsolete.

1-45-13 Functions performed by board.

1-45-13.1 1-45-13.1. Repealed by SL 2014, ch 92, § 1.

1-45-14 1-45-14. Repealed by SL 1980, ch 26, § 15.

1-45-15 1-45-15. Repealed by SL 1996, ch 8, § 15.

1-45-16 1-45-16, 1-45-17. Repealed by SL 1991, ch 21, §§ 2, 3.

1-45-18 1-45-18. Repealed by SL 2003, ch 272, § 102.

1-45-18.1 Office of Cultural Preservation abolished.

1-45-19 1-45-19. Obsolete.

1-45-19.1 Board of Cultural Preservation abolished.

1-45-20 1-45-20, 1-45-21. Obsolete.

1-45-22 1-45-22. Transferred to § 1-18-2.1 by SL 2005, ch 10, § 23.

1-45-23 Performance of museum functions.

1-45-23.1 1-45-23.1. Transferred to § 1-18-2.2 by SL 2005, ch 10, § 24.

1-45-24 1-45-24, 1-45-25. Repealed by SL 1996, ch 8, §§ 18, 19.

1-45-26 Composition of State Library Office.

1-45-27 1-45-27. Superseded.

1-45-27.1 Functions of planning commission transferred to secretary of education.

1-45-28 1-45-28. Superseded.

1-45-29 1-45-29. Repealed by SL 1996, ch 8, § 21.

1-45-30 Comprehensive plans defined.

1-45-31 1-45-31. Obsolete.

1-45-32 1-45-32. Superseded.

1-45-33 1-45-33, 1-45-34. Repealed by SL 1996, ch 8, §§ 22, 23.

1-45-35 Administrative functions transferred to secretary.

1-45-36 1-45-36. Repealed by SL 1996, ch 8, § 24.

1-45-37 1-45-37. Repealed by SL 2013, ch 4, § 1.

1-45-38 School Finance Accountability Board--Members--Purpose--Promulgation of rules--Appeal--Waiver approval--Report.

1-45-39 Teacher Compensation Review Board.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-1. Department continued.

The Department of Education is hereby continued.

Source: SL 1973, ch 2, § 235; SL 2003, ch 272 (Ex. Ord. 03-1), § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-1.1. Department renamed.

The Department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as secretary of education and cultural affairs shall be referred to as the secretary of education and shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9. The secretary of the Department of Education shall perform the functions of the former secretary of the Department of Education and Cultural Affairs.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-1.2. Division of Library Services created--State Library Office transferred.

There is created a Division of Library Services within the Department of Education. The State Library Office is transferred from the Division of Cultural Affairs in the former Department of Education and Cultural Affairs to the Division of Library Services in the Department of Education.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 64.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-2. Secretary as head of department.

The head of the Department of Education is the secretary of education.

Source: SL 1973, ch 2, § 236; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-3. Qualifications of secretary.

The secretary of the Department of Education shall be qualified by training and experience to administer the programs of the Department of Education and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 238; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-4. Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.

The Department of Education consists of the divisions of workforce and career preparation, education services and resources, library services, and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the department. Each division shall perform its prescribed functions, subject to the following provisions:

(1) The secretary shall review and make recommendations concerning the annual budget request of each division; and

(2) The secretary may approve comprehensive education plans for the department;

(3) The secretary shall perform any functions assigned to the secretary under federal law; and

(4) The secretary shall perform the functions transferred from other agencies as specified in this chapter; and

(5) The secretary shall perform other personnel, organization, staffing, directing, coordinating, and reporting functions as assigned by law or executive directives of the Office of the Governor.

Source: SL 1973, ch 2, § 239; SL 1991, ch 21, § 1; SL 1996, ch 8, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 101.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-4.1

1-45-4.1. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-4.2

1-45-4.2, 1-45-4.3. Repealed by SL 1996, ch 8, §§ 11, 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-4.4. Services to visually impaired and deaf or hard of hearing children.

The Department of Education shall develop and implement a plan to identify and evaluate deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually impaired and deaf or hard of hearing children in South Dakota.

Source: SL 1991, ch 22; SL 1996, ch 8, § 13; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2010, ch 77, § 1; SL 2019, ch 8, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-4.5

1-45-4.5. Repealed by SL 1996, ch 8, § 14.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-5

1-45-5. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-6

1-45-6. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-6.1. Board of Education Standards created--Appointment of members--Terms.

There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service on the board, may serve more than three consecutive terms. However, after serving three consecutive terms, a member may be reappointed after at least two years have passed since the expiration of the member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.

Source: SL 1985, ch 401, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 56; SL 2018, ch 18, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-6.2. Vacancies on board--Meetings of board.

The initial term of office shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term. The South Dakota Board of Education Standards shall meet at least four times annually. Special meetings may be held at the call of the president or, in the president's absence, a majority of the board or at the call of the secretary of the Department of Education.

Source: SL 1985, ch 401, § 19; SL 1991, ch 20 (Ex. Ord. 91-6), §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 57; SL 2021, ch 73, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-6.3

1-45-6.3, 1-45-6.4. Repealed by SL 2017, ch 81, §§ 47, 58.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-6.5

1-45-6.5. Repealed by SL 2006, ch 73, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-6.6

1-45-6.6. Repealed by SL 2018, ch 12, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-7

1-45-7. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-8

1-45-8. Repealed by SL 1976, ch 110, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-9

1-45-9 to 1-45-12. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-13. Functions performed by board.

The South Dakota Board of Education Standards shall perform those functions assigned in chapter 13-39 and all other functions as may be assigned by law.

Source: SL 1973, ch 2, § 248; SL 1975, ch 130, § 5; SL 2017, ch 81, § 57.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-13.1

1-45-13.1. Repealed by SL 2014, ch 92, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-14

1-45-14. Repealed by SL 1980, ch 26, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-15

1-45-15. Repealed by SL 1996, ch 8, § 15.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-16

1-45-16, 1-45-17. Repealed by SL 1991, ch 21, §§ 2, 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-18

1-45-18. Repealed by SL 2003, ch 272, § 102.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-18.1. Office of Cultural Preservation abolished.

The Office of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 17.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-19

1-45-19. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-19.1. Board of Cultural Preservation abolished.

The Board of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 20.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-20

1-45-20, 1-45-21. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-22

1-45-22. Transferred to § 1-18-2.1 by SL 2005, ch 10, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-23. Performance of museum functions.

The South Dakota State Historical Society shall perform all the functions of the following museums:

(1) The museum at the University of South Dakota known as the W.H. Over State Museum; and

(2) The museum at Pierre known as the South Dakota State History Museum.

Source: SL 1973, ch 2, § 255; SL 1975, ch 144, § 2; SL 1985, ch 8, § 4; SL 1985, ch 400, § 19; SL 1990, ch 446 (Ex. Ord. 90-1); SL 1995, ch 319 (Ex. Ord. 95-3), § 17; SL 2015, ch 8, § 5; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 40.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-23.1

1-45-23.1. Transferred to § 1-18-2.2 by SL 2005, ch 10, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-24

1-45-24, 1-45-25. Repealed by SL 1996, ch 8, §§ 18, 19.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-26. Composition of State Library Office.

The State Library Office of the Division of Library Services includes the State Library Board created by § 14-1-55.

Source: SL 1973, ch 2, § 260; SL 1981, ch 163, § 1; SL 1996, ch 8, § 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 104.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-27

1-45-27. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-27.1. Functions of planning commission transferred to secretary of education.

The functions of the Education and Cultural Affairs Planning Commission are transferred to the secretary of education.

Source: SL 1983, ch 389, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2021, ch 73, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-28

1-45-28. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-29

1-45-29. Repealed by SL 1996, ch 8, § 21.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-30. Comprehensive plans defined.

Comprehensive education and cultural affairs plans shall be defined to mean any plan that involves programs under the jurisdiction of more than one of the divisions of the Department of Education or involving both public and private education or cultural programs.

Source: SL 1973, ch 2, § 264; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-31

1-45-31. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-32

1-45-32. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-33

1-45-33, 1-45-34. Repealed by SL 1996, ch 8, §§ 22, 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-35. Administrative functions transferred to secretary.

All administrative functions of the former Board of Cultural Preservation are transferred to the secretary of education.

Source: SL 1985, ch 400, § 25; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-36

1-45-36. Repealed by SL 1996, ch 8, § 24.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-45-37

1-45-37. Repealed by SL 2013, ch 4, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-38. School Finance Accountability Board--Members--Purpose--Promulgation of rules--Appeal--Waiver approval--Report.

There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years.

The board may recommend that the provisions of § 13-13-73.5 be waived for a school district if the district can demonstrate that its lowest monthly general cash fund cash balance percentage is the result of special circumstances.

The board may recommend that a penalty against a school district imposed under § 13-13-73.9 be waived, in whole or in part, if the district can demonstrate that its failure to comply with § 13-13-73.6 or 13-13-73.8 is due to special circumstances. The board may recommend the Department of Education review the accreditation of a school district that is found not to be complying with §§ 13-13-73.5, 13-13-73.6, or 13-13-73.8.

The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to establish the appeals process provided for in § 13-13-73.9, and to establish the factors that may be considered in considering a waiver requested by a school district, which shall include the impact of retirements.

The Joint Committee on Appropriations or the Interim Committee on Appropriations shall review any waivers of § 13-13-73.5, 13-13-73.6, or 13-13-73.8 recommended by the School Finance Accountability Board. For a waiver recommended by the board under this section, the committee may provide any suggested change to the waiver. Not more than thirty days following receipt of a suggested change from the committee, the board may amend the recommended waiver in accordance with the suggested change and shall resubmit the recommended waiver. The Joint Committee on Appropriations or the Interim Committee on Appropriations shall approve, amend, or deny any waiver recommended by the board. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to §§ 13-8-47 and 13-13-73.6.

Source: SL 2016, ch 83, § 23; SL 2018, ch 19, § 1; SL 2024, ch 53, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-45-39. Teacher Compensation Review Board.

There is hereby created the Teacher Compensation Review Board within the Department of Education. The board shall review teacher compensation, including comparable wage indexes, in surrounding states at the completion of every two school years. The board shall report its findings to the Governor and the Legislature biennially by September thirtieth.

The members shall serve a term of two years.

The board shall consist of nine members to be appointed as follows:

(1) Three members of the South Dakota Senate appointed by the president pro tempore of the Senate, no more than two of whom may be from the same political party;

(2) Three members of the South Dakota House of Representatives appointed by the speaker of the House of Representatives, no more than two of whom may be from the same political party; and

(3) Three members appointed by the Governor.

Source: SL 2016, ch 83, § 22; SL 2022, ch 5, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-46

DEPARTMENT OF THE MILITARY

1-46-1 Department created--Adjutant general as head.

1-46-2 1-46-2. Superseded.

1-46-3 Adjutant general functions.

1-46-4 1-46-4. Superseded.

1-46-5 Performance of functions of former Department of Military and Veterans Affairs.

1-46-6 Repealed.

1-46-6.1 National Guard.

1-46-7 1-46-7 to 1-46-9. Superseded.

1-46-10 1-46-10. Omitted.

1-46-11 Annual report and recommendations on civil air patrol.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-1. Department created--Adjutant general as head.

There is hereby created a Department of the Military. The head of the Department of the Military is the adjutant general who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 1973, ch 2, § 268; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-46-2

1-46-2. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-3. Adjutant general functions.

The Office of the Adjutant General created by this chapter and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-01. The adjutant general shall perform the functions of the former secretary of Department of Military and Veterans Affairs, relating to the Office of Adjutant General.

Source: SL 1973, ch 2, § 270; SL 2011, ch 1 (Ex. Ord. 11-1), § 25, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-46-4

1-46-4. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-5. Performance of functions of former Department of Military and Veterans Affairs.

The Department of the Military shall, under the direction and control of the adjutant general, perform all the functions of the former Department of Military and Veterans Affairs under chapter 33-1.

Source: SL 1973, ch 2, § 276; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-6. Repealed.

Source: SL 1973, ch 2, § 276; SL 2011, ch 1 (Ex. Ord. 11-1), § 26, eff. Apr. 12, 2011; SL 2023, ch 108, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-6.1. National Guard.

The National Guard and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-1. The adjutant general shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the National Guard.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 27, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-46-7

1-46-7 to 1-46-9. Superseded.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-46-10

1-46-10. Omitted.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46-11. Annual report and recommendations on civil air patrol.

The adjutant general shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the civil air patrol created by chapter 33-21.

Source: SL 1973, ch 2, § 275.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-46A

DEPARTMENT OF VETERANS AFFAIRS

1-46A-1 Department created--Secretary as head.

1-46A-2 Repealed.

1-46A-3 Division of Veterans Affairs transferred.

1-46A-4 Veterans Home transferred.

1-46A-5 Consultation--South Dakota Veterans Council.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46A-1. Department created--Secretary as head.

There is hereby created a Department of Veterans Affairs. The head of the Department of Veterans Affairs is the secretary of veterans affairs who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 19, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46A-2. Repealed.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 22, eff. Apr. 12, 2011; SL 2020, ch 140, § 8.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46A-3. Division of Veterans Affairs transferred.

The Division of Veterans Affairs created by chapter 1-46 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the Division of Veterans Affairs.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 23, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46A-4. Veterans Home transferred.

The State Veterans Home created by chapter 33A-4 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the State Veterans Home.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 24, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-46A-5. Consultation--South Dakota Veterans Council.

The Department of Veterans Affairs may consult with the South Dakota Veterans Council on matters relating to veterans and their dependents.

The South Dakota Veterans Council consists of six congressionally chartered Veterans Organizations including the Paralyzed Veterans of America, the Disabled American Veterans, the Military Order of the Purple Heart, the American Legion, the Vietnam Veterans of America chapters 1054 and 959, and the Veterans of Foreign Wars.

Source: SL 2020, ch 140, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-47

DEPARTMENT OF REVENUE

1-47-1 1-47-1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 109, eff. Apr. 12, 2011.

1-47-1.1 Department created.

1-47-2 Secretary as head of department.

1-47-3 Performance of departmental functions.

1-47-4 1-47-4. Obsolete.

1-47-5 1-47-5. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 112, eff. Apr. 12, 2011.

1-47-5.1 Division of Motor Vehicles transferred.

1-47-6 Division of Banking transferred.

1-47-7 Banking Commission continued.

1-47-8 1-47-8. Repealed by SL 2017, ch 231 (Ex. Ord. 17-2), § 22, eff. Apr. 13, 2017.

1-47-9 Division of Insurance transferred.

1-47-10 Commission on Gaming transferred.

1-47-11 Insurance Fraud Prevention Unit transferred.

1-47-12 Repealed.

1-47-13 Abstractors Board of Examiners transferred.

1-47-14 Real Estate Commission transferred.

1-47-15 Division of Lottery transferred.

1-47-16 Lottery Commission transferred.

1-47-17 Division of the Secretariat transferred.

1-47-18 Division of Business Tax transferred.

1-47-19 Division of Property and Special Taxes transferred.

1-47-20 Division of Audits transferred.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-47-1

1-47-1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 109, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-1.1. Department created.

There is hereby created a Department of Revenue.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 35, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-2. Secretary as head of department.

The head of the Department of Revenue is the secretary of revenue who shall be appointed by the Governor, by and with the consent of the senate, and serve at the pleasure of the Governor.

Source: SL 1973, ch 2, § 278; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 110, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-3. Performance of departmental functions.

The Department of Revenue shall, under the direction and control of the secretary of revenue, perform all the functions of the Department of Revenue created by chapter 10-1.

Source: SL 1973, ch 2, §§ 54, 280; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 111, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-47-4

1-47-4. Obsolete.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-47-5

1-47-5. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 112, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-5.1. Division of Motor Vehicles transferred.

The Division of Motor Vehicles and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Motor Vehicles.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 48, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-6. Division of Banking transferred.

The Division of Banking created by chapter 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Division of Banking.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 24, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 113, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-7. Banking Commission continued.

The South Dakota State Banking Commission shall continue in the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the South Dakota State Banking Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 25, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 114, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-47-8

1-47-8. Repealed by SL 2017, ch 231 (Ex. Ord. 17-2), § 22, eff. Apr. 13, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-9. Division of Insurance transferred.

The Division of Insurance created by chapter 58-2 and its functions listed under Title 58, in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Division of Insurance.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 27, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 116, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-10. Commission on Gaming transferred.

The Commission on Gaming and its functions, including those functions under chapters 42-7 and 42-7B, in the former Department of Revenue and Regulation are transferred to the Department of Revenue. The secretary of the Department of Revenue shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Commission on Gaming.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 28, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 53, 117, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-11. Insurance Fraud Prevention Unit transferred.

The Insurance Fraud Prevention Unit and its functions created and authorized by chapter 58-4A in the former Department of Revenue and Regulation are transferred to the Attorney General. The Attorney General shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Insurance Fraud Prevention Unit.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 29, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 118, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-12. Repealed.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 31, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 119, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021; SL 2024, ch 146, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-13. Abstractors Board of Examiners transferred.

The Abstractors Board of Examiners, created by chapter 36-13, and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Abstractors Board of Examiners.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 54, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 120, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-14. Real Estate Commission transferred.

The Real Estate Commission created by chapter 36-21A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Real Estate Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 55, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 121, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-15. Division of Lottery transferred.

The Division of Lottery, created by chapter 42-7A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the Executive Director of the Lottery and the former secretary of revenue and regulation, relating to the Division of Lottery.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 56, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 51, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-16. Lottery Commission transferred.

The Lottery Commission created by chapter 42-7A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Lottery Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 57, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 52, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-17. Division of the Secretariat transferred.

The Division of the Secretariat and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of the Secretariat.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 46, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-18. Division of Business Tax transferred.

The Division of Business Tax and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Business Tax.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 47, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-19. Division of Property and Special Taxes transferred.

The Division of Property and Special Taxes and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Property and Special Taxes.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 49, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-47-20. Division of Audits transferred.

The Division of Audits and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Audits.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 50, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-48 STATE CEMENT COMMISSION [REPEALED]

CHAPTER 1-48

STATE CEMENT COMMISSION [REPEALED]

[Repealed by SL 1979, ch 352, § 15 (Ex. Ord. 79-2)]

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-49 STATE PUBLIC HEALTH LABORATORY

CHAPTER 1-49

STATE PUBLIC HEALTH LABORATORY

1-49-1      Repealed.
1-49-2      State Public Health Laboratory in Department of Health--Services.
1-49-3      Duties of state laboratory.
1-49-4      State laboratory fund.
1-49-5      Prompt certification of examination and test results.
1-49-6      Copies of laboratory results as evidence.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-49-1

1-49-1. Repealed by SL 2019, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-49-2. State Public Health Laboratory in Department of Health--Services.

The State Public Health Laboratory shall be located in the Department of Health and shall meet all required federal certifications and regulations. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.

Source: SL 1985, ch 283, § 2; SL 1997, ch 17, § 1; SL 2019, ch 11, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-49-3. Duties of state laboratory.

The State Public Health Laboratory shall:

(1) Set appropriate performance standards and qualifications of the laboratory employees;

(2) Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and

(3) Promulgate rules, pursuant to chapter 1-26, to establish the method to determine the fee for each test or service. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.

Source: SL 1985, ch 283, § 3; SL 1995, ch 12; SL 2019, ch 11, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-49-4. State laboratory fund.

Any money received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the State Public Health Laboratory and may be expended pursuant to chapters 4-7, 4-8, and 4-8A.

Source: SL 1985, ch 283, § 4; SL 2019, ch 11, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-49-5. Prompt certification of examination and test results.

All examinations, tests, and analysis requested of the State Public Health Laboratory shall be provided promptly and the results immediately certified to the submitter.

Source: SL 1985, ch 283, § 5; SL 2019, ch 11, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-49-6. Copies of laboratory results as evidence.

A copy of the results of any examination or analysis of any product or article by the State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts contained in the examination or analysis.

Source: SL 1985, ch 283, § 6; SL 2019, ch 11, § 6.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-50

STATE EMERGENCY RESPONSE COMMISSION

1-50-1 State emergency response commission--Membership--Compensation and reimbursement.

1-50-2 Commission responsibilities.

1-50-3 Promulgation of rules and procedures.

1-50-4 Funds of the Department of Agriculture and Natural Resources.

1-50-5 State Emergency Response Commission duties.

1-50-6 Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.

1-50-7 SERC and SARA defined.

1-50-8 Annual reporting fee schedules for SARA facilities--Maximum fee.

1-50-9 SARA fee subfund--Agency activities.

1-50-10 SERC report--Contents--Appropriations--Distribution of grants.

1-50-11 Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-1. State emergency response commission--Membership--Compensation and reimbursement.

There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Agriculture and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of public safety or their designees shall be members. Six members shall be appointed by the Governor and shall serve at the pleasure of the Governor. One of the six members appointed by the Governor shall be a member of the chemical industry, one shall be an elected or appointed member of a political subdivision, one shall be actively engaged in an agricultural business, one shall be a health professional, one shall be a member of a fire department, and one shall be a member of a local emergency planning committee. A majority is a quorum and a majority of a quorum may take official action. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. Per diem compensation and expense reimbursement shall be paid from funds appropriated to the Department of Agriculture and Natural Resources.

Source: SL 1991, ch 14, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 105; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-2. Commission responsibilities.

The South Dakota State Emergency Response Commission shall:

(1) Coordinate and implement the requirements placed on the state by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1991;

(2) Designate local emergency planning districts and supervise and coordinate the activities of the local emergency planning committees; and

(3) Coordinate and implement federal grants for training of local emergency planning committees and public sector employees.

Source: SL 1991, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-3. Promulgation of rules and procedures.

The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to evaluate and enforce compliance with the grant requirements.

Source: SL 1991, ch 14, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-4. Funds of the Department of Agriculture and Natural Resources.

The Department of Agriculture and Natural Resources may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10.

Source: SL 1991, ch 14, § 5; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-5. State Emergency Response Commission duties.

In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In addition, the commission shall:

(1) Review local plans to determine the level of threat from an accidental release of dangerous chemicals and the local capability to adequately respond to those releases;

(2) Prepare recommendations for action to be taken to develop and coordinate emergency response capabilities, including the feasibility of regional emergency response;

(3) Evaluate various options and prepare a recommendation concerning funding based on user fees to support on-going emergency planning activities and incident response preparedness; and

(4) Develop a recommendation for a future state emergency response commission structure.

Source: SL 1990, ch 291, § 1; SDCL, § 34A-12-18; SL 1993, ch 257, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-6. Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.

The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary to fully implement the provisions of the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. The Legislature further finds it to be in the public interest and good public policy to impose a reasonable fee upon facilities required to report hazardous substances as provided in that act in order to defray the costs to the state of administering this program.

Source: SL 1992, ch 254, § 61; SDCL, § 34A-12-19; SL 1993, ch 257, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-7. SERC and SARA defined.

For purposes of this chapter, "SERC" means State Emergency Response Commission and "SARA" means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 62; SDCL § 34A-12-20; SL 1993, ch 257, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-8. Annual reporting fee schedules for SARA facilities--Maximum fee.

There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule:

(1) SARA, title III, section 312--any facility required to report under this section shall submit only tier II forms to the State of South Dakota and the fee shall be based upon the number of chemicals or mixtures reported according to the following schedule:

facilities that report for 1-3 chemicals or mixtures .................... $50;

facilities that report for 4-9 chemicals or mixtures ................... $100;

facilities that report for 10-18 chemicals or mixtures ............... $200;

facilities that report for 19 or more chemicals or mixtures …... $300; and

(2) Toxics release inventory reporting facilities--any facility required to submit release information pursuant to section 313 of SARA title III shall be subject to a fee for each chemical reported. The amount shall be based upon the total amount of each chemical released to the air, land, water and off-site facilities in accordance with the following schedule:

0 -- 9,999 lbs per year ...............................................................$ 250

10,000 -- 19,999 lbs per year ................................................... $ 350

20,000 -- 29,999 lbs per year ................................................... $ 450

30,000 -- 39,999 lbs per year ................................................... $ 550

40,000 -- 49,999 lbs per year ................................................... $ 650

50,000 -- 74,999 lbs per year ................................................... $ 800

75,000 -- 99,999 lbs per year ................................................ $ 1,000

100,000 -- 249,999 lbs per year ............................................ $ 1,300

250,000 -- 499,999 lbs per year ............................................ $ 1,600

500,000 -- 749,999 lbs per year ............................................ $ 2,000

750,000 -- 999,999 lbs per year ............................................ $ 2,500

1,000,000 lbs or more per year ............................................. $ 3,000

The fee for all toxics release inventory chemicals reported may not exceed $3,000 per facility.

Source: SL 1992, ch 254, § 63; SDCL, § 34A-12-21; SL 1993, ch 257, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-9. SARA fee subfund--Agency activities.

There is hereby created the SARA fee subfund of the environmental fee fund established in § 1-41-23. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts and fees received pursuant to § 1-50-8. The subfund shall be separately maintained and be administered by the secretary in order to defray expenses of all activities associated with administering the state emergency response commission including the use of such funds as a match for any grants the commission may receive. Expenditures from the subfund shall be appropriated through the normal budget process.

These activities shall be conducted by the Department of Agriculture and Natural Resources, the Department of the Military or any other agency designated as staff for the State Emergency Response Commission by the Governor. These activities shall include the following:

(1) Establish a toll-free number to obtain reporting information or assistance;

(2) Assist local and county governments in establishing viable local emergency planning committees;

(3) Assist local emergency planning committees in preparing, exercising and updating emergency response plans required by this program;

(4) Organize or conduct appropriate training activities for representatives of government entities and first responders in accordance with accepted practice as funding is available;

(5) Develop procedures to apply for and distribute grant funding available through any appropriate federal or other nonstate sources;

(6) Produce a compliance package to assist facilities with the requirements of SARA title III, sections 302, 311 and 312;

(7) Deliver the reporting package to known facilities no later than six weeks before the March first reporting deadline;

(8) Identify possible reporting facilities and provide them with the documents necessary to comply with SARA title III, section 313 - the toxics release inventory; and

(9) Develop an educational program including any of the following:

(a) A video detailing facility compliance and illustrating completion of the appropriate forms;

(b) Meeting for facility representatives in various locations around the state before the reporting deadlines to assist with compliance; or

(c) Assistance to local emergency planning committees to improve their ability to identify and provide information to the facilities in their communities.

Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 64; SDCL § 34A-12-22; SL 1993, ch 257, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-10. SERC report--Contents--Appropriations--Distribution of grants.

At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to § 1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency planning committees in the form of grants to support emergency planning and community right-to-know activities at the local level. Grants shall be distributed according to the following schedule:

(1) An amount not to exceed sixteen thousand five hundred dollars shall be distributed equally to all active local emergency planning committees if the active committees have addressed the minimum requirements of the program including:

(a) Annually submit a membership roster which meets the requirements of this section to the SERC for approval;

(b) Elect officers and adopt bylaws;

(d) Develop a procedure to provide information to the public on request;

(e) Provide public notice of meetings and of the availability of right-to-know information;

(f) Submit a draft emergency response plan; and

(g) Exercise and update the plan as required; and

(2) Any additional excess funds shall be included in the next year's legislative budget to be appropriated to be divided by the total number of facilities reporting statewide and the funds shall be disbursed to the local emergency planning committees on a per-facility basis.

Grants distributed under this program shall be expended by the local emergency planning committees to defray the expenses of operating the SARA title III program and for related SARA title I activities.

Source: SL 1992, ch 254, § 65; SDCL, § 34A-12-23; SL 1993, ch 257, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-50-11. Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.

The obligation to pay the fee imposed by § 1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee is due and payable within thirty days and shall be remitted to the Department of Agriculture and Natural Resources along with the forms that may be prescribed by the secretary of agriculture and natural resources in rules promulgated pursuant to chapter 1-26. A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.

Any facility that knowingly fails to submit the appropriate forms, or that knowingly submits fraudulent forms, shall be reported to the appropriate local emergency planning committee and county commission, and shall be referred to the United States Environmental Protection Agency for appropriate enforcement under section 325 of the Emergency Planning and Community Right-to-Know Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 66; SDCL § 34A-12-24; SL 1993, ch 257, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-51 DEPARTMENT OF PUBLIC SAFETY

CHAPTER 1-51

DEPARTMENT OF PUBLIC SAFETY

1-51-1      Department of Public Safety created.
1-51-2      Division of Highway Patrol transferred.
1-51-3      Division of Highway Safety transferred.
1-51-4      Division of Commercial Inspection and Licensing, Office of Weights and Measures, Office of Driver Licensing, Office of the Fire Marshal and Office of Inspections transferred--Fire Marshal's Advisory Board continued.
1-51-5      Repealed.
1-51-6      Office of Accident Records transferred.
1-51-7      Office of State Radio transferred.
1-51-8      Division of Emergency and Disaster Services transferred.
1-51-9      State 911 Coordinated Statewide System Task Force transferred.
1-51-10      Functions of Division of Commercial Inspection and Licensing .
1-51-11      Performance by Division of Commercial Inspection and Licensing of heavy scales functions.
1-51-12      Criminal background checks for certain applicants and employees.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-1. Department of Public Safety created.

There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 18.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-2. Division of Highway Patrol transferred.

The Division of Highway Patrol and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Highway Patrol.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 21, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-3. Division of Highway Safety transferred.

The Division of Highway Safety and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Highway Safety.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 22, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-4. Division of Commercial Inspection and Licensing, Office of Weights and Measures, Office of Driver Licensing, Office of the Fire Marshal and Office of Inspections transferred--Fire Marshal's Advisory Board continued.

The Division of Commercial Inspection and Licensing, including the offices of Weights and Measures, Driver Licensing and the Office of the Fire Marshal and Office of Inspections, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Commercial Inspection and Licensing. The Fire Marshal's Advisory Board shall continue as an advisory board within the Department of Public Safety created by Executive Reorganization Order 2003-01.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 23, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-51-5

1-51-5. Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 34, eff. Apr. 20, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-6. Office of Accident Records transferred.

The Office of Accident Records, Department of Transportation, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the secretary of transportation, relating to the Office of Accident Records.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 70, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-7. Office of State Radio transferred.

The Office of State Radio, Bureau of Information and Telecommunications, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 03-1. The secretary of the Department of Public Safety shall perform the functions of the commissioner of information and telecommunications, relating to the Office of State Radio.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 71, eff. Apr. 17, 2003.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-8. Division of Emergency and Disaster Services transferred.

The Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the Division of Emergency Disaster Services.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 72.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-9. State 911 Coordinated Statewide System Task Force transferred.

The South Dakota 911 Coordinated Statewide System Task Force attached to the Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the South Dakota 911 Coordinated Statewide System Task Force.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 73.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-10. Functions of Division of Commercial Inspection and Licensing.

The Division of Commercial Inspection and Licensing of the Department of Public Safety shall perform:

(1) The functions of the former Division of Consumer Protection pursuant to chapters 34-39, 37-2, 37-20, 37-21, 37-22, 37-22A, 39-1, 39-4, and 39-13; and

(2) The functions of the Department of Agriculture pursuant to chapter 37-21A.

Source: SL 1979, ch 351, §§ 28 to 32; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 87; SL 2004, ch 17, § 3; SDCL § 1-35-6.2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-11. Performance by Division of Commercial Inspection and Licensing of heavy scales functions.

Source: SL 1973, ch 2, § 53; SL 1974, ch 19, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 88; SL 2004, ch 17, § 4; SDCL § 1-35-7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-51-12. Criminal background checks for certain applicants and employees.

Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.

The applicant or employee is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation. The department may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

Source: SL 2019, ch 12, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52 DEPARTMENT OF TOURISM

CHAPTER 1-52

DEPARTMENT OF TOURISM

1-52-1      Department of Tourism created--Secretary as head.
1-52-2      Department of Tourism and State Development abolished--Functions transferred.
1-52-3      Repealed.
1-52-3.1      Repealed.
1-52-3.2 to 1-52-3.4. Transferred.
1-52-3.5      Transferred.
1-52-4      Transferred.
1-52-5      Transferred.
1-52-6, 1-52-7. Repealed.
1-52-7.1      South Dakota Arts Council transferred.
1-52-8, 1-52-9. Repealed.
1-52-10      Transferred.
1-52-11      Transferred.
1-52-12      Transferred.
1-52-13      Transferred.
1-52-14      Board of Tourism--Advisory functions.
1-52-15      Members--Term--Vacancy.
1-52-16      Officers--Quorum--Meetings.
1-52-17      Tourism promotion fund established.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-1. Department of Tourism created--Secretary as head.

There is hereby created a Department of Tourism. The head of the Department of Tourism is the secretary of tourism who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 58, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 54, 91, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-2. Department of Tourism and State Development abolished--Functions transferred.

The Department of Tourism and State Development is abolished. The position of secretary of tourism and state development is abolished. The following functions of the former Department of Tourism and State Development are transferred to the Department of Tourism:

(1) Office of Tourism;

(2) Board of Tourism;

(3) State Arts Council; and

such other tourism related functions as the Governor shall direct.

The secretary of the Department of Tourism shall perform the functions of the former secretary of the Department of Tourism and State Development related to tourism.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 59, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 57, 66, 122, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 26, eff. Apr. 20, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-3

1-52-3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 123, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-3.1

1-52-3.1. Repealed by SL 2009, ch 1, § 130.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-3.2

1-52-3.2 to 1-52-3.4. Transferred to §§ 1-53-3 to 1-53-5 by SL 2011, ch 1 (Ex. Ord. 11-1), § 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-3.5

1-52-3.5. Transferred to § 1-53-7 by SL 2011, ch 1 (Ex. Ord. 11-1), § 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-4

1-52-4. Transferred to § 1-53-10 by SL 2011, ch 1 (Ex. Ord. 11-1), § 124, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-5

1-52-5. Transferred to § 1-53-8 by SL 2011, ch 1 (Ex. Ord. 11-1), § 125, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-6

1-52-6, 1-52-7. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 126, 127, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-7.1. South Dakota Arts Council transferred.

The South Dakota Arts Council, created by chapter 1-22, and its functions in the former Department of Tourism and State Development are transferred to the Department of Tourism created by Executive Reorganization Order 2011-01. The secretary of tourism shall perform the functions of the former secretary of tourism and state development, relating to the South Dakota Arts Council.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 68, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-8

1-52-8, 1-52-9. Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), §§ 27, 31, eff. Apr. 20, 2015.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-10

1-52-10. Transferred to § 1-53-9 by SL 2011, ch 1 (Ex. Ord. 11-1),§ 130, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-11

1-52-11. Transferred to § 1-54-2 by SL 2011, ch 1 (Ex. Ord. 11-1), § 131, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-12

1-52-12. Transferred to § 1-54-6 by SL 2011, ch 1 (Ex. Ord. 11-1), § 132, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-52-13

1-52-13. Transferred to § 1-53-6 by SL 2011, ch 1 (Ex. Ord. 11-1), § 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-14. Board of Tourism--Advisory functions.

The Board of Tourism is hereby continued and shall exercise advisory functions with relation to the Department of Tourism.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 27; SL 2003, ch 272 (Ex. Ord. 03-1), § 99; SDCL § 1-42-21.1; SL 2009, ch 1, § 129; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 67, 91, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-15. Members--Term--Vacancy.

The Board of Tourism consists of eleven members appointed by the Governor. Not all members may be from the same political party and the members shall be representative of the tourism industry in all geographic areas of the state. The term of each member is four years. A member appointed to fill a vacancy occurring other than by expiration of a term is appointed for the unexpired term.

Source: SL 1982, ch 17, § 47; SDCL Supp, § 1-35-20; SDCL § 1-42-22; SL 2009, ch 1, § 129.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-16. Officers--Quorum--Meetings.

The Board of Tourism shall annually elect from its membership any officers it deems advisable. A majority of the members constitutes a quorum. The board shall meet at the call of the chair or a majority of the members but shall meet at least twice annually.

Source: SL 1982, ch 17, § 48; SDCL Supp, § 1-35-21; SDCL § 1-42-23; SL 2009, ch 1, §§ 128, 129.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-52-17. Tourism promotion fund established.

There is hereby established a tourism promotion fund in the Department of Tourism.

Source: SL 1994, ch 332, § 4A; SL 2003, ch 272 (Ex. Ord. 03-1), § 100; SDCL § 1-42-31; SL 2009, ch 1, § 129; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-53

GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT

1-53-1 Governor's Office of Economic Development created--Commissioner as head.

1-53-2 Functions transferred.

1-53-3 Purpose of Governor's Office of Economic Development.

1-53-4 Functions of Governor's Office of Economic Development.

1-53-5 Information received by Governor's Office of Economic Development--When open to public inspection--Copies.

1-53-6 Confidentiality of certain information.

1-53-7 Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements.

1-53-8 Board of Economic Development transferred.

1-53-9 South Dakota Housing Development Authority transferred.

1-53-10 Economic Development Finance Authority transferred.

1-53-11 South Dakota Ellsworth Development Authority transferred.

1-53-12 Office of Research Commerce transferred.

1-53-13 South Dakota Science and Technology Authority transferred.

1-53-14 1-53-14. Repealed by SL 2015, ch 7, § 3.

1-53-15 Small business credit initiative fund.

1-53-16 Acceptance or expenditure of funds reported in informational budget.

1-53-17 Deposits into and expenditures from small business credit initiative fund.

1-53-18 Property given as security for loan.

1-53-19 Confidentiality of certain information concerning small business credit initiative loans.

1-53-20 Criminal background investigation of new employees--Temporary employment--Fees.

1-53-21 Farm link program established.

1-53-22 Promulgation of rules governing farm link program.

1-53-23 Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets.

1-53-24 Agreements for administration of trust assets by federal government.

1-53-25 Deposit of trust assets with state treasurer--Purposes for which used.

1-53-26 Compromise, adjustment, and collection of claims and obligations.

1-53-27 Purchase and acquisition of property securing indebtedness.

1-53-28 Operation, lease, and disposition of property purchased or acquired.

1-53-29 Investment, transfer, and sale of securities and obligations--Purposes.

1-53-30 Promulgation of rules for disposition of claims and administration of trust.

1-53-31 Powers delegated to secretary of agriculture of United States.

1-53-32 United States held free from liability.

1-53-33 Severability of provisions.

1-53-34 Value added agriculture subfund created.

1-53-35 Value added agriculture subfund administration.

1-53-36 Earnings on value added agriculture subfund.

1-53-37 Promulgation of rules--Value-added agriculture subfund.

1-53-38 South Dakota Certified Beef Program.

1-53-39 Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef.

1-53-40 Authority of Governor's Office of Economic Development--Program requirements and operation.

1-53-41 Use of mark, copyright, or label--Violation as felony.

1-53-42 Confidential information--Exception.

1-53-43 Promulgation of rules on certified beef program.

1-53-44 Enforcement by court action--Injunctive relief.

1-53-45 Revocation of license.

1-53-46 Agency cooperation to develop, administer, and market certified beef program.

1-53-47 South Dakota Certified beef fund--Deposits and expenditures.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-1. Governor's Office of Economic Development created--Commissioner as head.

There is hereby created a Governor's Office of Economic Development within the Department of Executive Management. The head of the Governor's Office of Economic Development is the commissioner of the Governor' s Office of Economic Development who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 55, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-2. Functions transferred.

The Governor's Office of Economic Development referenced in chapter 1-52 and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Governor's Office of Economic Development.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 58, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-3. Purpose of Governor's Office of Economic Development.

The Governor's Office of Economic Development shall forge a private-public partnership among state government, local communities, higher education, and the private sector to create jobs that create goods and services for use within the state and for export outside the state, which results in the creation of new wealth.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 32; SDCL § 1-33-18; SL 2005, ch 10, § 14; SDCL § 1-52-3.2; SL 2011, ch 1 (Ex. Ord. 11-1), § 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-4. Functions of Governor's Office of Economic Development.

The Governor's Office of Economic Development shall perform the following functions to seek new employment opportunities, strengthen existing employment opportunities, and spawn new and innovative economic development opportunities:

(1) To attract to South Dakota those business enterprises or those subsidiaries or satellite operations that can benefit from our favorable business environment.

(2) To assist in the expansion and diversification of existing businesses.

(3) To encourage and facilitate the initiation of new enterprises and development of new products that respond to identifiable markets.

(4) To establish a viable basis of financing business operations with a substantial venture capital fund, managed effectively, and with the flexibility that will permit application to funding needs of start-up, expansion, and production.

(5) To recognize markets that can be expanded and to discover new markets for agricultural products, manufactured goods, and services.

(6) To promote, by every possible means, all forms of goods and services, agricultural products, processing and packaging to maximize value added before delivery to national or international markets.

(7) To coordinate and exploit the capabilities that exist at the several public and private institutions of higher education and to encourage the development of new processes and technology through expanded programs of research.

(8) To take full advantage of the associations, the public and private organizations, the financial institutions and the governmental entities that exist at the local or community level in implementing programs and in accomplishing specific functions or tasks.

(9) To respond to opportunities that may develop and to meet such other responsibilities as may be assigned by executive or legislative direction.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 33; SDCL § 1-33-19; SL 2005, ch 10, § 15; SDCL § 1-52-3.3; SL 2011, ch 1 (Ex. Ord. 11-1), § 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-5. Information received by Governor's Office of Economic Development--When open to public inspection--Copies.

All information received by the Governor's Office of Economic Development shall be open to public inspection if it appears to the commissioner that such inspection may assist in carrying out or furthering the purposes of the office, except if the provider of such information requests that the information remain confidential and not be open to public inspection. The commissioner shall supply at cost, copies of any such information.

Source: SL 1988, ch 17, § 3; SDCL § 1-33-19.1; SL 2005, ch 10, §§ 16, 17; SDCL § 1-52-3.4; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 55, 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-6. Confidentiality of certain information.

The commissioner shall maintain the confidentiality of any information given to GOED or the Economic Development Finance Authority, the South Dakota Development Corporation, and the Board of Economic Development.

Source: SL 1988, ch 17, § 4; SL 2005, ch 10, § 18; SDCL § 1-33-19.2; SL 2009, ch 1, § 120; SDCL § 1-52-13; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 55, 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-7. Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements.

The Governor's Office of Economic Development may accept private contributions to supplement other money received by it. Contributions received shall be deposited with the state treasurer and in a fund known as the Governor's Office of Economic Development special revenue fund, which fund shall accumulate and shall not revert to the general fund at the close of the fiscal year. The fund shall be used for legitimate purposes of soliciting industry and carrying into effect the objectives of the Governor's Office of Economic Development. Disbursements from the fund shall be made by warrants drawn by the state auditor on itemized vouchers approved by the commissioner.

Source: SL 1982, ch 17, § 9; SDCL § 1-42-13; SL 1987, ch 390 (Ex. Ord. 87-1); SDCL § 1-33-22; SL 2005, ch 10, §§ 20, 21, 43; SDCL § 1-52-3.5; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 55, 56, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-8. Board of Economic Development transferred.

The Board of Economic Development created by Chapter 1-16G and its functions are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Board of Economic Development.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 62, eff. Apr. 17, 2003; SDCL § 1-52-5; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 61, 125, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-9. South Dakota Housing Development Authority transferred.

The South Dakota Housing Development Authority created by chapter 11-11, and its functions in the former Department of Tourism and State Development is transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development, relating to the South Dakota Housing Development Authority.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 50, eff. Apr. 17, 2003; SDCL § 1-52-10; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 62, 130, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-10. Economic Development Finance Authority transferred.

The Economic Development Finance Authority created by Chapter 1-16B and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of tourism and state development relating to the activities of the Economic Development Finance Authority.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 61, eff. Apr. 17, 2003; SDCL § 1-52-4; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 60, 124, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-11. South Dakota Ellsworth Development Authority transferred.

The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the South Dakota Ellsworth Development Authority.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 65, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-12. Office of Research Commerce transferred.

The Office of Research Commerce and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Office of Research Commerce.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 59, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-13. South Dakota Science and Technology Authority transferred.

The South Dakota Science and Technology Authority created by chapter 1-16H and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the South Dakota Science and Technology Authority.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 63, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-53-14

1-53-14. Repealed by SL 2015, ch 7, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-15. Small business credit initiative fund.

There is established within the state treasury a fund to be known as the small business credit initiative fund for the purpose of making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021).

Source: SL 2012, ch 15, § 1; SL 2022, ch 6, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-16. Acceptance or expenditure of funds reported in informational budget.

For the purposes of §§ 1-53-15 to 1-53-19, inclusive, the Board of Economic Development may accept, expend, or loan any funds previously received or to be obtained from federal sources and any funds to be obtained from gifts, contributions, or any other source if such acceptance and expenditure is reported as required by § 4-7-7.2.

Source: SL 2012, ch 15, § 2; SL 2022, ch 6, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-17. Deposits into and expenditures from small business credit initiative fund.

Any repayment of loans and interest thereon must be receipted into the small business credit initiative fund and expended by the Board of Economic Development for the following purposes:

(1) The payment of administrative costs as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022;

(2) The payment of taxes and liens and for the procuring of legal services and any other services necessary to protect, recover, maintain, or liquidate the assets of the small business credit initiative fund as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022; and

(3) Making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021).

Source: SL 2012, ch 15, § 3; SL 2022, ch 6, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-18. Property given as security for loan.

The Board of Economic Development may take title by foreclosure or transfer in lieu of foreclosure to any property given as security if the acquisition is necessary to protect or collect any small business credit initiative loan and may sell, transfer, or convey any such property to any responsible buyer.

Source: SL 2012, ch 15, § 4; SL 2022, ch 6, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-19. Confidentiality of certain information concerning small business credit initiative loans.

The deliberations of the Board of Economic Development concerning small business credit initiative loans are confidential and are exempt from public disclosure. Any documentary material or data made or received by the Board of Economic Development or the Governor's Office of Economic Development for the purpose of acting upon an application for a small business credit initiative loan or administering the loan, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, are not considered public records, and are exempt from disclosure. Nothing in this section prohibits the disclosure of confidential information to the extent necessary to collect or recoup the loan or as may be required under applicable federal law.

Source: SL 2012, ch 15, § 5; SL 2022, ch 6, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-20. Criminal background investigation of new employees--Temporary employment--Fees.

Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Governor's Office of Economic Development shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Governor's Office of Economic Development may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. For the purposes of this section, the term, employee, includes the commissioner and deputy commissioner. The term, employee, does not include members of any boards or authorities for which the Governor's Office of Economic Development provides administrative support.

Source: SL 2014, ch 11, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-21. Farm link program established.

The farm link program is hereby established and shall be administered by the Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the Governor's Office of Economic Development shall create a directory of prospective beginning farmers and ranchers and a directory of available or potentially available farms and ranches, which shall be used in matching the two groups. The Governor's Office of Economic Development may, if practicable, use the resources of the South Dakota ag enterprise program. In administering the Farm Link Program, the Governor's Office of Economic Development shall attempt to cooperate with similar programs in surrounding states to provide a greater opportunity for matching the interests of entering and retiring farmers and ranchers. The Governor's Office of Economic Development shall also make available information on farm lending opportunities.

Source: SL 1993, ch 300, § 1; SDCL § 38-1-42; SL 2019, ch 235 (Ex. Ord. 19-1), § 40, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-22. Promulgation of rules governing farm link program.

The Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to § 1-53-21. The rules shall include provisions governing program eligibility and procedures for data management, applications, and program administration.

Source: SL 1993, ch 300, § 2; SDCL § 38-1-43; SL 2019, ch 235 (Ex. Ord. 19-1), § 41, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-23. Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets.

The commissioner of the Governor's Office of Economic Development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation Corporation.

Source: SL 1951, ch 4, § 1; SDC Supp 1960, § 4.0115; SDCL § 38-6-1; SL 2019, ch 235 (Ex. Ord. 19-1), § 42, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-24. Agreements for administration of trust assets by federal government.

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the secretary of agriculture of the United States to accept, administer, expend and use in the State of South Dakota all or any part of such trust assets or any other funds of the State of South Dakota which may be appropriated for such uses for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate and carry out the purposes of said agreements.

Source: SL 1951, ch 4, § 3; SDC Supp 1960, § 4.0117; SDCL § 38-6-3; SL 2019, ch 235 (Ex. Ord. 19-1), § 43, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-25. Deposit of trust assets with state treasurer--Purposes for which used.

Notwithstanding any other provision of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of § 1-53-24 must be received by the commissioner of the Governor's Office of Economic Development under the application made pursuant to § 1-53-23, and deposited by the commissioner with the state treasurer for use by the commissioner of the Governor's Office of Economic Development for the rural rehabilitation purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation, as may from time to time be agreed upon by the commissioner of the Governor's Office of Economic Development with the approval of the Governor and the secretary of agriculture of the United States, subject to the applicable provisions of Public Law 499, or for the purposes of § 1-53-24.

Source: SL 1951, ch 4, § 4; SDC Supp 1960, § 4.0118; SDCL § 38-6-4; SL 2019, ch 235 (Ex. Ord. 19-1), § 44, eff. Apr. 14, 2019; SL 2023, ch 3, § 11.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-26. Compromise, adjustment, and collection of claims and obligations.

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under §§ 1-53-23 to 1-53-37, inclusive, or under any mortgage, lease, contract, or agreement entered into or administered pursuant to §§ 1-53-23 to 1-53-37, inclusive, and, if in the commissioner's judgment is necessary and advisable, pursue the same to final collection in any court having jurisdiction.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(1); SDCL § 38-6-5; SL 2019, ch 235 (Ex. Ord. 19-1), § 45, eff. Apr. 14, 2019; SL 2023, ch 3, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-27. Purchase and acquisition of property securing indebtedness.

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the commissioner has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed, or which otherwise secures any loan or other indebtedness owing to or acquired by the commissioner under §§ 1-53-23 to 1-53-37, inclusive.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(2); SDCL § 38-6-6; SL 2019, ch 235 (Ex. Ord. 19-1), § 46, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-28. Operation, lease, and disposition of property purchased or acquired.

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to § 1-53-27; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of §§ 1-53-23 to 1-53-37, inclusive.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(3); SDCL § 38-6-7; SL 2019, ch 235 (Ex. Ord. 19-1), § 47, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-29. Investment, transfer, and sale of securities and obligations--Purposes.

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the proceeds of trust assets, in such manner and upon such terms, conditions and for such periods of time consistent with and for carrying out the purposes of §§ 1-53-23 to 1-53-37, inclusive, and to do any and all things necessary to effectuate and carry out the purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation.

Source: SDC Supp 1960, § 4.0119(4) as added by SL 1961, ch 2, § 1; SDCL § 38-6-8; SL 2019, ch 235 (Ex. Ord. 19-1), § 48, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-30. Promulgation of rules for disposition of claims and administration of trust.

The commissioner of the Governor's Office of Economic Development, in compliance with the provisions of chapter 1-26, shall promulgate rules for disposition of claims and administration of trust assets authorized under §§ 1-53-23 to 1-53-37, inclusive, including all loan programs, and may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any program authorized under §§ 1-53-23 to 1-53-37, inclusive.

Source: SL 1976, ch 240; SL 1986, ch 326, § 7; SL 1990, ch 316; SDCL § 38-6-8.1; SL 2019, ch 235 (Ex. Ord. 19-1), § 49, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-31. Powers delegated to secretary of agriculture of United States.

The authority contained in §§ 1-53-26 to 1-53-29, inclusive, may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to § 1-53-24.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119; SL 1961, ch 2, § 2; SDCL § 38-6-9; SL 2019, ch 235 (Ex. Ord. 19-1), § 50, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-32. United States held free from liability.

The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-23 to 1-53-37, inclusive.

Source: SL 1951, ch 4, § 6; SDC Supp 1960, § 4.0120; SDCL § 38-6-10; SL 2019, ch 235 (Ex. Ord. 19-1), § 51, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-33. Severability of provisions.

If any provision of §§ 1-53-23 to 1-53-37, inclusive, or the application thereof to any person or circumstances, is held invalid, the remainder of §§ 1-53-23 to 1-53-37, inclusive, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Source: SL 1951, ch 4, § 7; SDC Supp 1960, § 4.0121; SDCL § 38-6-11; SL 2019, ch 235 (Ex. Ord. 19-1), § 52, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-34. Value added agriculture subfund created.

There is created within the rural rehabilitation fund created in § 1-53-23, the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing.

Source: SL 2013, ch 192, § 4; SDCL § 38-6-13; SL 2019, ch 235 (Ex. Ord. 19-1), § 54, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-35. Value added agriculture subfund administration.

The Board of Economic Development shall administer the value added agriculture subfund, and make grants or loans from the value added agriculture subfund. The value added agriculture subfund shall be used to develop and promote value added agriculture in South Dakota including the initial or subsequent production, use, or processing of any form of agricultural commodity, product, or by-product in this state.

Source: SL 2013, ch 192, § 7; SDCL § 38-6-14; SL 2019, ch 235 (Ex. Ord. 19-1), § 55, eff. Apr. 14, 2019; SL 2020, ch 4, § 22.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-36. Earnings on value added agriculture subfund.

Earnings on the value added agriculture subfund may be used by the Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.

Source: SL 2013, ch 192, § 2; SDCL § 38-6-15; SL 2019, ch 235 (Ex. Ord. 19-1), § 56, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-37. Promulgation of rules--Value-added agriculture subfund.

In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26, promulgate rules the board determines are necessary to implement the purposes of §§ 1-53-34 to 1-53-36, inclusive, including:

(1) Setting the application procedures for those who apply for loans or grants from the value added agriculture subfund;

(2) Establishing criteria to determine which applicants will receive such loans or grants;

(3) Governing the use of proceeds of such loans or grants;

(4) Establishing criteria for the terms and conditions upon which such loans or grants shall be made, including the terms of security given, if any, to secure such loans; and

(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the Board of Economic Development including the terms and conditions upon which the proceeds shall be loaned to borrowers for the purposes described in §§ 1-53-34 to 1-53-36, inclusive.

Source: SL 2013, ch 192, § 9; SDCL § 38-6-16; SL 2019, ch 235 (Ex. Ord. 19-1), § 57, eff. Apr. 14, 2019; SL 2020, ch 4, § 23.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-38. South Dakota Certified Beef Program.

Sections 1-53-38 to 1-53-47, inclusive, shall be cited as the South Dakota Certified Beef Program Act of 2005.

Source: SL 2005, ch 218, § 1, eff. Mar. 8, 2005; SDCL § 39-24-1; SL 2019, ch 235 (Ex. Ord. 19-1), § 59, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-39. Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef.

Only beef products, whether live animals or finished consumer products, which have been produced by registered participants in full compliance with all the applicable requirements of §§ 1-53-38 to 1-53-47, inclusive, may be certified, identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as South Dakota Certified Beef.

Source: SL 2005, ch 218, § 2, eff. Mar. 8, 2005; SDCL § 39-24-2; SL 2019, ch 235 (Ex. Ord. 19-1), § 59, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-40. Authority of Governor's Office of Economic Development--Program requirements and operation.

The commissioner of the Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program.

Source: SL 2005, ch 218, § 3, eff. Mar. 8, 2005; SDCL § 39-24-3; SL 2019, ch 235 (Ex. Ord. 19-1), § 60, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-41. Use of mark, copyright, or label--Violation as felony.

The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the commissioner. A violation of this section is a Class 6 felony.

Source: SL 2005, ch 218, § 4, eff. Mar. 8, 2005; SDCL § 39-24-4; SL 2019, ch 235 (Ex. Ord. 19-1), § 61, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-42. Confidential information--Exception.

Any data or financial information made or received by the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-38 to 1-53-47, inclusive, is not public record and is exempt from the provisions of § 1-27-1. However, the commissioner may provide information gathered pursuant to §§ 1-53-38 to 1-53-47, inclusive, to any government agency if the information is needed for a government sponsored animal identification tracking program or for any public health or safety reason.

Source: SL 2005, ch 218, § 5, eff. Mar. 8, 2005; SDCL § 39-24-5; SL 2019, ch 235 (Ex. Ord. 19-1), § 62, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-43. Promulgation of rules on certified beef program.

The commissioner of the Governor's Office of Economic Development may by rule promulgated pursuant to chapter 1-26, prescribe the following:

(1) Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Certified beef program;

(2) Reasonable fees for licenses and services of the program, such fees to be reasonably commensurate with the cost of developing, administering, and marketing the program;

(3) License application procedures, the terms and conditions of any license, and any official form the secretary deems necessary and appropriate;

(4) Methods and means of conducting inspections, keeping records, and otherwise insuring program compliance by participants in the program; and

(5) Provisions to maintain the confidentiality of business information provided to the secretary by participants in the program.

Source: SL 2005, ch 218, § 6, eff. Mar. 8, 2005; SDCL § 39-24-6; SL 2019, ch 235 (Ex. Ord. 19-1), § 63, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-44. Enforcement by court action--Injunctive relief.

In addition to any other remedy provided by law, the commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of §§ 1-53-38 to 1-53-47, inclusive, and of any license issued pursuant to §§ 1-53-38 to 1-53-47, inclusive. The commissioner may as a part of any such suit seek injunctive relief.

Source: SL 2005, ch 218, § 7, eff. Mar. 8, 2005; SDCL § 39-24-7; SL 2019, ch 235 (Ex. Ord. 19-1), § 64, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-45. Revocation of license.

In addition to any other remedy provided by law, the commissioner may revoke a license for cause pursuant to chapter 1-26.

Source: SL 2005, ch 218, § 8, eff. Mar. 8, 2005; SDCL § 39-24-8; SL 2019, ch 235 (Ex. Ord. 19-1), § 65, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-46. Agency cooperation to develop, administer, and market certified beef program.

The secretary of agriculture and natural resources and the commissioner of the Governor's Office of Economic Development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and market the South Dakota Certified beef program.

Source: SL 2005, ch 218, § 9, eff. Mar. 8, 2005; SL 2011, ch 1 (Ex. Ord. 11-1), § 159, eff. Apr. 12, 2011; SDCL § 39-24-9; SL 2019, ch 235 (Ex. Ord. 19-1), § 66, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-53-47. South Dakota Certified beef fund--Deposits and expenditures.

There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the fund created by this section shall be used for the purpose of developing, administering, and marketing the South Dakota Certified beef program. Expenditures from the fund shall be appropriated through the normal budget process.

Source: SL 2005, ch 218, § 10, eff. Mar. 8, 2005; SDCL § 39-24-10; SL 2019, ch 235 (Ex. Ord. 19-1), § 66, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-54

DEPARTMENT OF TRIBAL RELATIONS

1-54-1 Department created--Secretary as head.

1-54-2 Office of Tribal Governmental Relations transferred.

1-54-3 Department functions.

1-54-4 Governor to hold hearings before entering into gaming compact.

1-54-5 Consultation with tribal government regarding state programs.

1-54-6 Advice to Department of Tribal Relations.

1-54-7 Tribal identification cards--Exception.

1-54-8 Tribal parole pilot programs.

1-54-9 Performance measures report.

1-54-10 Assistance with election grants, education, and satellite-voting centers.

1-54-11 Office of Indian Education established--Annual report.

1-54-12 Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.

1-54-13 Native American achievement schools grant program established.

1-54-14 Eligibility requirements for Native American achievement schools grant applicants.

1-54-15 Criteria for priority projects.

1-54-16 Application process.

1-54-17 Determination of grant recipients and award amounts.

1-54-18 Conditions applicable to grant recipients.

1-54-19 Grant recipient reports--Access to facilities and records.

1-54-20 Default--Repayment--Civil action.

1-54-21 Repealed.

1-54-22 Repealed.

1-54-23 Repealed.

1-54-24 Repealed.

1-54-25 Repealed.

1-54-26 Repealed.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-1. Department created--Secretary as head.

There is hereby created a Department of Tribal Relations. The head of the Department of Tribal Relations is the secretary of tribal relations who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 28, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-2. Office of Tribal Governmental Relations transferred.

The Office of Tribal Governmental Relations established by chapter 1-4 is transferred to the Department of Tribal Relations.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 74; SDCL § 1-52-11; SL 2011, ch 1 (Ex. Ord. 11-1), § 131, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-3. Department functions.

The Department of Tribal Relations shall aid in securing and coordinating federal, state, and local resources to help solve problems and to serve as an advocate for Native American people.

Source: SL 1949, ch 244, § 1; SDC Supp 1960, § 65.0801; SL 1974, ch 4, § 1; SL 1975, ch 9, § 1; SL 1987, ch 395 (Ex. Ord. 87-6), § 18; SL 1995, ch 320 (Ex. Ord. 95-4), §§ 17-20; SDCL § 1-4-1; SL 2011, ch 1 (Ex. Ord. 11-1), § 80, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-4. Governor to hold hearings before entering into gaming compact.

Before entering into a compact with an Indian tribe on any class III gaming under the Federal Indian Gaming Regulatory Act, the Governor or the Governor's designee must hold one or more public hearings in the affected area to allow any interested persons to state their views.

Source: SL 1989, ch 373; SDCL 1-4-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 82, eff. Apr. 12, 2011; SL 2023, ch 3, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-5. Consultation with tribal government regarding state programs.

It is the policy of the state to consult with a tribal government regarding the conduct of state government programs which have the potential of affecting tribal members on the reservation. This section may not be construed to confer any substantive rights on any party in any litigation or otherwise.

Source: SL 1990, ch 5; SDCL § 1-4-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 83, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-6. Advice to Department of Tribal Relations.

The Governor shall invite and solicit the officials of the Bureau of Indian Affairs and officials of the Division of Indian Health of the United States Public Health Service, the United States Departments of Housing and Urban Development, Labor, Justice, Agriculture, and Transportation, and the United States Department of Health and Human Services, the United States Attorney's Office for the district of South Dakota and the United States Economic Development Administration, to participate and act in an advisory capacity to the Department of Tribal Relations.

Any state agency, commission, board, department, or institution shall render such advice and assistance to the Department of Tribal Relations as the office may deem necessary in fulfillment of the provisions of this chapter.

Source: SL 1959, ch 460, § 2; SDC Supp 1960, § 65.0803; SL 1961, ch 463, § 2; SL 1974, ch 4, § 4; SL 1975, ch 9, § 4; SL 1987, ch 395 (Ex. Ord. 87-6), §§ 17-20, 1995, ch 320 (Ex. Ord. 95-4), § 20; SDCL § 1-4-4; SL 2009, ch 1, §§ 1, 2; SDCL § 1-52-12; SL 2011, ch 1 (Ex. Ord. 11-1), § 132, eff. Apr. 12, 2011.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-7. Tribal identification cards--Exception.

A tribal identification card is a valid form of identification for all purposes relating to commerce, including for all purposes relating to banks or financial institutions for which a South Dakota nondriver identification card or a South Dakota driver license may be used. Furthermore, tribal identification cards shall be accepted as valid forms of identification for the purpose of cashing checks wherever checks may be cashed and for purposes where the age of the person needs to be verified. For purposes of this section and §§ 22-40-9, 22-40-18, and 34-46-1, the term, tribal identification card, means an unexpired identification card issued by a South Dakota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member. Reasonable reliance upon a tribal identification card as proof of age of the purchaser or the recipient of an age-restricted product is a complete defense to any action brought against a person for the sale or distribution of a product that is subject to state or federal age-related purchase and possession restrictions. This section does not modify any provision of the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations concerning permissible forms of identification for use in the purchase of firearms.

Source: SL 2011, ch 13, § 1; SL 2020, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-8. Tribal parole pilot programs.

In cooperation with the Department of Tribal Relations, the Department of Corrections may develop tribal parole pilot programs to supervise parolees on tribal land. The Department of Corrections shall promulgate rules pursuant to chapter 1-26 as necessary for the implementation of the pilot program. The pilot program shall utilize a tribal-state liaison officer. The officer shall use supervision strategies that focus on reducing recidivism and employ evidence-based practices and swift, certain, and proportionate sanctions.

Source: SL 2013, ch 101, § 12.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-9. Performance measures report.

The Department of Corrections shall report performance measures for the tribal pilot programs semiannually to the oversight council.

Source: SL 2013, ch 101, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-10. Assistance with election grants, education, and satellite-voting centers.

The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help America Vote Act and assist with election grants, education, and satellite-voting center locations on Indian reservations.

Source: SL 2018, ch 20, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-11. Office of Indian Education established--Annual report.

The Office of Indian Education is hereby established within the Department of Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture. The secretary of the Department of Tribal Relations shall appoint an Indian Education Advisory Council. The council shall consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes. The council members shall serve for three-year terms. The council shall make an annual report to the Governor and the State-Tribal Relations Committee by January first each year.

Source: SL 2007, ch 82, § 1; SDCL § 13-1-47; SL 2019, ch 235 (Ex. Ord. 19-1), § 20, eff. Apr. 14, 2019; SL 2022, ch 7, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-12. Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.

The Department of Education shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by the Board of Education Standards pursuant to § 13-3-48.

Source: SL 2007, ch 82, § 3; SDCL § 13-1-49; SL 2019, ch 235 (Ex. Ord. 19-1), § 21, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-13. Native American achievement schools grant program established.

There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achievement school projects aimed at improving academic outcomes for Native American students.

Source: SL 2016, ch 86, § 1; SDCL § 13-14-16; SL 2019, ch 235 (Ex. Ord. 19-1), § 23, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-14. Eligibility requirements for Native American achievement schools grant applicants.

An applicant seeking a grant from the Native American achievement schools grant program shall:

(1) Be an accredited public school within the State of South Dakota;

(2) Serve a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics;

(3) Serve a student population of which at least fifty percent is comprised of Native American students;

(4) Demonstrate access to a physical facility that is adequate for implementation of the project; and

(5) Demonstrate the ability to complete the project in accordance with all requirements of §§ 1-54-13 to 1-54-20, inclusive, state and federal laws and regulations, and policies of the department.

Source: SL 2016, ch 86, § 2; SDCL § 13-14-17; SL 2019, ch 235 (Ex. Ord. 19-1), § 24, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-15. Criteria for priority projects.

In selecting grant recipients, the department shall give priority to projects that meet the requirements of this chapter and show commitment to increasing student success through building cultural identities, encouraging academic perseverance, supporting the development of the whole child, and encouraging student leadership skills by demonstrating one or more of the following characteristics:

(1) Offering programming designed to lead to postsecondary readiness and work readiness;

(2) Supporting the recruitment and retention of highly effective teachers and administrators;

(3) Demonstrating commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum;

(4) Demonstrating a commitment to the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages;

(5) Maintaining a school environment that cultivates diversity of the student population and promotes a sense of belonging;

(6) Forming partnerships with community organizations or governmental entities; and

(7) Planning for sustainability.

Source: SL 2016, ch 86, § 3; SDCL § 13-14-18; SL 2019, ch 235 (Ex. Ord. 19-1), § 25, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-16. Application process.

The department shall inform potential applicants of the application and award period and of the amount of funding available for the grants. The department shall also provide the application form and scoring rubric that informs potential applicants of the weight to be assigned to each characteristic referenced in § 1-54-15 within the selection process. Applicants shall complete the application form and provide any additional information requested by the department. The application is not complete until all necessary information is submitted.

Source: SL 2016, ch 86, § 4; SDCL § 13-14-19; SL 2019, ch 235 (Ex. Ord. 19-1), § 26, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-17. Determination of grant recipients and award amounts.

The department, with the assistance of a group of reviewers designated by the secretary of tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Council established pursuant to § 1-54-11.

Source: SL 2016, ch 86, § 5; SDCL § 13-14-20; SL 2019, ch 235 (Ex. Ord. 19-1), § 27, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-18. Conditions applicable to grant recipients.

In addition to complying with the requirements in § 1-54-16 and the additional requirements of chapter 13-14, all grant recipients will be subject to the following conditions:

(1) The amount of a grant may not exceed the actual cost of the project as proposed in the application;

(2) The grant shall be paid on a reimbursement basis, following procedures and requirements outlined by the department;

(3) Any funds provided through the grant must be necessary and reasonable to complete the project;

(4) Necessary documentation, as determined by the department, shall be submitted to support all expenditures;

(5) Expenditures must be approved before the end of the grant period;

(6) A grant project must expend all funds provided through the grant within thirty-six months following grant approval; and

(7) No grant funds may be used for costs associated with writing the grant proposal, contractual obligations that became effective prior to the award period of the grant, purchases that become the property of any individual or organization other than the grant recipient, or purchases or services beyond the project outcomes or activities.

Source: SL 2016, ch 86, § 6; SDCL § 13-14-21; SL 2019, ch 235 (Ex. Ord. 19-1), § 28, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-19. Grant recipient reports--Access to facilities and records.

Each grant recipient shall submit grant status reports to the department on a quarterly basis, and a final grant report including data related to the implementation of the project. The department shall determine the details required in the reports and the deadlines for report submissions. Each grant recipient shall provide the department with reasonable access to facilities and records that may be necessary for the department to determine compliance with the terms of the grant and all the requirements of §§ 1-54-13 to 1-54-20, inclusive.

Source: SL 2016, ch 86, § 7; SDCL § 13-14-22; SL 2019, ch 235 (Ex. Ord. 19-1), § 29, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-20. Default--Repayment--Civil action.

The submission of false or misleading statements or information as part of a grant application or the failure to comply with any requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grant recipient to repay any funds dispersed under the grant to the department within thirty days of a written demand from the department. The department may begin a civil action to recover any grant funds that a grant recipient is required to repay under this section.

Source: SL 2016, ch 86, § 8; SDCL § 13-14-23; SL 2019, ch 235 (Ex. Ord. 19-1), § 30, eff. Apr. 14, 2019.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-21. Repealed.

Source: SL 2016, ch 100, § 1; SDCL § 13-55-72; SL 2019, ch 235 (Ex. Ord. 19-1), § 31, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-22. Repealed.

Source: SL 2016, ch 100, § 2; SDCL § 13-55-73; SL 2019, ch 235 (Ex. Ord. 19-1), § 32, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-23. Repealed.

Source: SL 2016, ch 100, § 3; SDCL § 13-55-74; SL 2019, ch 235 (Ex. Ord. 19-1), § 33, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-24. Repealed.

Source: SL 2016, ch 100, § 4; SDCL § 13-55-75; SL 2019, ch 235 (Ex. Ord. 19-1), § 34, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-25. Repealed.

Source: SL 2016, ch 100, § 5; SDCL § 13-55-76; SL 2019, ch 235 (Ex. Ord. 19-1), § 35, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-54-26. Repealed.

Source: SL 2016, ch 100, § 6; SDCL § 13-55-77; SL 2019, ch 235 (Ex. Ord. 19-1), § 36, eff. Apr. 14, 2019; SL 2016, ch 100, § 7, eff. Jun 30, 2020.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-55

OBLIGATION RECOVERY CENTER

1-55-1 Definitions.

1-55-2 Obligation recovery center created.

1-55-3 Collection of bad debts.

1-55-4 Cost recovery fees.

1-55-5 Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection.

1-55-6 Use during account receivable cycle.

1-55-7 Final notification to debtor by referring entity.

1-55-8 Confidentiality of records--Exceptions.

1-55-9 Collection and use of data.

1-55-10 Centralized electronic debt management system.

1-55-11 Licenses, registrations, and permits withheld from person owing debt referred to center.

1-55-12 Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.

1-55-13 Payments due debtor subject to offset against debt referred to center.

1-55-14 Debt referral to collection agency--Promulgation of rules.

1-55-15 Promulgation of rules.

1-55-16 Annual report to Government Operations and Audit Committee.

1-55-17 1-55-17. Repealed by SL 2015, ch 14, § 17, eff. June 30, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-1. Definitions.

Terms used in this chapter mean:

(1) "Account receivable cycle," the period of time during which the center may attempt to collect on a debt before the center determines the debt is uncollectible and returns the remaining balance of the debt to the referring entity;

(2) "Center," the obligation recovery center;

(3) "Debt," a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term also includes any obligation of any kind referred to the center for collection by any agency of the state, the Unified Judicial System, the Board of Regents, a technical college supported by the state under § 13-39A-42, or a constitutional office;

(4) "Debtor," a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the center;

(5) "Bad debt," any debt due an agency of the state, the Board of Regent's system, any technical college supported by the state under § 13-39A-42, or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal under § 23A-32-2;

(6) "Final notification," the notification provided by § 1-55-7; and

(7) "Referring entity," the entity referring the debt to the state obligation recovery center for collection.

Source: SL 2015, ch 14, § 2; SL 2019, ch 13, § 1; SL 2020, ch 61, § 32; SL 2024, ch 14, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-2. Obligation recovery center created.

There is hereby created the obligation recovery center, which is attached to the Bureau of Human Resources and Administration for budgeting and reporting purposes. The center is a central repository for identification, registration, oversight, and collection of debts owed to any agency or department of the state or to any postsecondary technical institute supported by the state under § 13-39A-42.

Source: SL 2015, ch 14, § 1; SL 2019, ch 13, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-3. Collection of bad debts.

The center shall work to collect each bad debt referred to the center during the account receivable cycle. The character of the debt in the hands of the referring entity does not change by the referral of the debt to the center for collection. Among other powers granted by this chapter, the center may:

(1) Sue;

(2) File liens;

(3) Enter into payment agreements with debtors;

(4) Impose a cost recovery fee;

(5) Collect data for debt collection purposes;

(6) Establish and maintain a centralized electronic debt management system;

(7) Exercise settlement authority granted by the referring entity;

(8) Setoff against any moneys to be paid by the State of South Dakota or any referring entity to a debtor;

(9) Contract with multiple collection agencies for the collection of debt on behalf of the center;

(10) Except for the debt collection powers vested in the Unified Judicial System, the center may use the referring entity's statutory collection authority to collect the bad debt owed to the referring entity; and

(11) Utilize all debt collection methods authorized by state law.

The office may determine which method or combination is most suitable to collect the debt.

Source: SL 2015, ch 14, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-4. Cost recovery fees.

For any bad debt referred to the center for collection after July 1, 2015, the center shall collect a cost recovery fee in addition to the debt referred to the center for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to the center by twenty percent. All debt collection methods available to collect any bad debt referred to the center may be used by the center to collect the cost recovery fee. The cost recovery fee shall be deposited into a fund within the Bureau of Human Resources and Administration and the operations of the center shall be subject to the annual budgeting process specified in chapter 4-7.

Source: SL 2015, ch 14, § 4; SL 2021, ch 14, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-5. Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection.

The center shall transfer any other moneys collected from a debtor to the referring entity within thirty days after the end of the month in which the moneys were collected. If the amount collected is less than the principal amount of the debt referred to the center and the cost recovery fee imposed by this chapter, the amount collected shall be prorated between the principal amount of the debt referred and the cost recovery fee.

If more than one referring entity has referred a debt to the center regarding the same debtor, or if the same referring entity has referred multiple debts to the office regarding the same debtor, the center shall collect the first referred debt before proceeding to the collection of the subsequent referred debt in the order referred.

Source: SL 2015, ch 14, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-6. Use during account receivable cycle.

The center may be used during the account receivable cycle by:

(1) Any agency of the state to collect bad debt owed to the agency;

(2) The Unified Judicial System to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;

(3) The Board of Regents to collect any final debt owed within the Board of Regents' system;

(4) Any technical college supported by the state under § 13-39A-42 to collect any final debt owed within the technical college system; and

(5) Any constitutional office to collect final debt owed to the constitutional office.

Source: SL 2015, ch 14, § 6; SL 2019, ch 13, § 3; SL 2020, ch 61, § 33.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-7. Final notification to debtor by referring entity.

Prior to transferring any debt to the center for collection, the referring entity shall provide a final notification to the debtor that the debt will be referred to the center for collection.

The final notification to the debtor may be sent by regular mail or by electronic means. The final notification shall contain all of the following:

(1) The name of the referring entity;

(2) Contact information for the referring entity;

(3) The name of the debtor;

(4) The nature of the debt;

(5) The principal amount of the debt;

(6) The total amount of the debt;

(7) A statement that the debt will not be turned over for collection to the center until a time at least fourteen days after the date the final notification is sent to the debtor; and

(8) A statement that if the debt is turned over to the center, a cost recovery fee of twenty percent of the principal, in the amount of $ ______, will be added to the total debt owed by the debtor to the referring entity.

Source: SL 2015, ch 14, § 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-8. Confidentiality of records--Exceptions.

All data, records, and files utilized for debt collection as provided for in this chapter shall be confidential and privileged, and no person may divulge or disclose any information obtained from such records and files except in the administration and enforcement of this chapter, or as otherwise required by law. Nothing in this section prohibits the disclosure of debt information, as it relates to the administration and enforcement of this chapter, to a co-owner of a titled motor vehicle, motorcycle, or boat that is subject to subdivision 1-55-11(1).

Source: SL 2015, ch 14, § 8; SL 2021, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-9. Collection and use of data.

The center may collect data for purposes of collecting any debt referred to the center. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the center deemed necessary by the center to aid in the collection of the referred debt and the center may share, request, and shall receive from any state agency any data to collect any debt referred to the center. Any information provided by a referring entity or a state agency may only be used for the purpose of collecting the debts referred to the center.

Source: SL 2015, ch 14, § 9.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-10. Centralized electronic debt management system.

The center shall establish and maintain a centralized electronic debt management system to compile the information provided by referring entities, to track the collection efforts for all debt referred to the center, to cross-reference and identify debtors for collection purposes, and to maintain all information provided or collected from all sources concerning addresses, financial records, and any other information useful to the center.

The center may designate a third party to establish and maintain the centralized electronic debt management system. Any such third party shall keep all information it obtains from any source confidential, and any employee, agent, or representative of that third party is prohibited from disclosing that information to anyone other than the center.

Source: SL 2015, ch 14, § 10.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-11. Licenses, registrations, and permits withheld from person owing debt referred to center.

No person that owes a debt that is referred to the center may renew, obtain, or maintain:

(1) Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat;

(2) Any driver license as defined by subdivision 32-12-1(1); or

(3) Any hunting license, fishing license, state park permit, or camping permit;

unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

The Department of Revenue shall notify a person who is a co-owner of a motor vehicle, motorcycle, or boat described in subdivision (1), that the person's registration has been affected by the debt referred to the center. The notification shall be by United States mail.

Source: SL 2015, ch 14, § 11; SL 2021, ch 14, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-12. Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.

No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from the center that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection may, in writing, request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26. A co-owner of a titled motor vehicle, motorcycle, or boat that is described in subdivision 1-55-11(1) may request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26, on the sole issue of whether the co-owner or the debtor is a titled owner of the motor vehicle, motorcycle, or boat.

A written request for an administrative hearing must be received by the center within fourteen days from the date notice is sent pursuant to § 1-55-11. No court shall have jurisdiction if a written request for an administrative hearing is not received by the center within the time prescribed. For purposes of this section, if a written request for an administrative hearing is sent by United States mail, the date of the postmark placed by the United States postal service shall be considered the date received by the center.

Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the administrative hearing.

Source: SL 2015, ch 14, § 12; SL 2021, ch 14, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-13. Payments due debtor subject to offset against debt referred to center.

Unless preempted by other law, any payment of any kind to be made to a debtor by the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the center, is subject to offset by the center unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

Source: SL 2015, ch 14, § 13.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-14. Debt referral to collection agency--Promulgation of rules.

At such time as the center determines is appropriate, the center may forward the debt to a collection agency or agencies for collection for a period of no less than one year or as otherwise stipulated in the contract between the center and the collection agency. The debt collection agency must be permitted to add a collection charge, not to exceed twenty percent of the debt, to the debt forwarded to the collection agency as payment for its collection services. The center or a collection agency may retain debt beyond the applicable collection period if the entity is actively engaged in substantive collection efforts or based on other good cause.

The Bureau of Human Resources and Administration shall promulgate rules pursuant to chapter 1-26 concerning the process of contracting with and referring debt to debt collection agencies.

Source: SL 2015, ch 14, § 14; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2024, ch 14, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-15. Promulgation of rules.

The Bureau of Human Resources and Administration may promulgate rules, pursuant to chapter 1-26, in the following areas:

(1) Definitions;

(2) Procedure for remitting moneys collected to referring entities;

(3) Processes and procedures for entering into payment agreements with debtors;

(4) A process for the imposition of the cost recovery fee;

(5) The data collection system;

(6) The centralized electronic debt management system;

(7) The settlement authority process;

(8) The procedure for sending information to the Division of Motor Vehicles concerning the nonrenewal of registrations for motor vehicles, motorcycles, and boats;

(9) The procedure for sending information to the Department of Public Safety concerning the nonrenewal of driver licenses;

(10) The procedure for sending information to the Department of Game, Fish and Parks concerning the nonissuance of hunting licenses, fishing licenses, state park permits, and camping permits; and

(11) The setoff of debt process.

Source: SL 2015, ch 14, § 15; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-55-16. Annual report to Government Operations and Audit Committee.

The center shall annually report after conclusion of the prior fiscal year to the Government Operations and Audit Committee concerning the activity of the center including the number of debts referred to the entity, the annual amount and nature of the debt obligations recovered by the center, the number of debts referred from the center to private collection agencies and the results of those referrals, and the costs and expenditures incurred by the center.

Source: SL 2015, ch 14, § 16.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-55-17

1-55-17. Repealed by SL 2015, ch 14, § 17, eff. June 30, 2017.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT1-56 STATE BOARD OF INTERNAL CONTROL

CHAPTER 1-56

STATE BOARD OF INTERNAL CONTROL

1-56-1      Definitions .
1-56-2      State Board of Internal Control created--Membership--Quorum.
1-56-3      Promulgation of rules.
1-56-4      Meetings of board--Record of proceedings .
1-56-5      Bureau of Finance and Management to provide administrative support.
1-56-6      Duties of board .
1-56-7      Annual work plan and report.
1-56-8      Designation of agency internal control officer .
1-56-9      Audit findings to be submitted to board.
1-56-10      Grant agreements, evaluation reports, and conflicts of interest to be displayed on website.
1-56-11      State employees to report suspicion of conflict of interest, fraud, or theft.
1-56-12      Grievance for retaliation for reporting violation of state law .

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-1. Definitions.

Terms used in this chapter mean:

(1) "Board," the State Board of Internal Control;

(2) "Code of conduct," a set of ethical principles and guidelines that constitutes appropriate behavior within an organization;

(3) "Internal control," a process that integrates the plans, activities, policies, attitudes, procedures, systems, resources, and efforts of an organization and that is designed to provide reasonable assurance that the organization will achieve its objectives and missions and to detect and prevent financial malfeasance;

(4) "Pass-through grant," a grant awarded by a federal entity to the state entity and transferred or passed to a sub-recipient by the state;

(5) "State agency," the Legislature, any constitutional officer, the Unified Judicial System, and any department, division, bureau, board, commission, committee, authority, or agency of the State of South Dakota;

(6) "Sub-recipient," an entity that expends a pass-through grant.

Source: SL 2016, ch 16, § 1, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-2. State Board of Internal Control created--Membership--Quorum.

There is hereby created a State Board of Internal Control that consists of seven members. Three members shall represent state agencies under control of the Governor and shall be appointed by the Governor. Each member appointed by the Governor shall serve a three-year term. However, the initial appointments shall be for staggered terms. The remaining members shall be the commissioner of the Bureau of Finance and Management, the state auditor, a Board of Regents administrator's designee, and a member appointed by the Chief Justice of the Supreme Court. Any four of the seven members constitutes a quorum. The commissioner of the Bureau of Finance and Management shall be chair of the board.

Source: SL 2016, ch 16, § 2, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-3. Promulgation of rules.

The board may promulgate rules, pursuant to chapter 1-26, to implement a system of internal control in accordance with internal control standards.

Source: SL 2016, ch 16, § 3, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-4. Meetings of board--Record of proceedings.

The board shall meet monthly for the first twelve months, and shall meet at least quarterly after the first year. A record of the proceedings of the board shall be kept pursuant to § 1-25-3.

Source: SL 2016, ch 16, § 4, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-5. Bureau of Finance and Management to provide administrative support.

The Bureau of Finance and Management shall provide administrative support to the board. If necessary, the board shall seek the advice of the auditor-general.

Source: SL 2016, ch 16, § 5, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-6. Duties of board.

The board shall establish and maintain:

(1) Guidelines for an effective system of internal control to be implemented by state agencies that is in accordance with internal control standards;

(2) A code of conduct for use by state agencies excluding the Unified Judicial System; and

(3) A conflict of interest policy for use by state agencies excluding the Unified Judicial System.

The Unified Judicial System may implement the code of conduct and conflict of interest policy in accordance with the code of judicial conduct and employee policies utilized within the Unified Judicial System.

Source: SL 2016, ch 16, § 6, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-7. Annual work plan and report.

The board shall create an annual work plan and report which shall be presented to the Governor and the Government Operations and Audit Committee.

Source: SL 2016, ch 16, § 7, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-8. Designation of agency internal control officer.

Each state agency shall designate an internal control officer. The board shall make available to each internal control officer guidelines and standards that the state agency shall implement and comply. The board may take other actions as necessary to carry out the purpose and intent of this chapter.

Source: SL 2016, ch 16, § 8, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-9. Audit findings to be submitted to board.

After the review of an audit in accordance with § 4-11-2.1, the auditor-general shall submit to the board a copy of any audit report correspondence sent to a state agency identifying audit findings pertaining to federal award programs administered by the state agency.

Source: SL 2016, ch 16, § 9, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-10. Grant agreements, evaluation reports, and conflicts of interest to be displayed on website.

The grant agreement for each grant, pass-through grant, or any other award granted by a state agency to a nonstate agency after July 1, 2016, shall be displayed on the website created pursuant to § 1-27-45 for not less than the retention period prescribed by § 1-27-4.1.

Each grant agreement shall include an attestation by the award recipient or sub-recipient that:

(1) A conflict of interest policy is enforced within the recipient's or sub-recipient's organization;

(2) The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with federal law, and is displayed immediately after filing on the recipient's or sub-recipient's website;

(3) An effective internal control system is employed by the recipient's or sub-recipient's organization; and

(4) If applicable, the recipient or sub-recipient is in compliance with the federal Single Audit Act, in compliance with § 4-11-2.1, and audits are displayed on the recipient's or sub-recipient's website.

Any sub-recipient evaluation report or program evaluation report completed by a state agency for the federal government for a grant where a state agency serves as a pass-through entity to a nonstate agency shall be posted on the website created pursuant to 1-27-45. Any information in the report that would be exempt from public disclosure under chapter 1-27 may be redacted prior to posting.

Any conflict of interest as outlined in the organization's conflict of interest policy as required by this section within the recipient or sub-recipient's organization to which this section applies shall be disclosed to the state agency and displayed on the website created pursuant to § 1-27-45 with its corresponding grant agreement.

Source: SL 2016, ch 16, § 10, eff. Mar. 16, 2016; SL 2018, ch 44, §§ 3, 7.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-11. State employees to report suspicion of conflict of interest, fraud, or theft.

A state employee who suspects the existence of a conflict of interest, fraud, or theft shall report the matter immediately to any, of the following:

(1) The employee's immediate supervisor;

(2) The attorney general's office; or

(3) The Department of Legislative Audit.

Source: SL 2016, ch 16, § 11, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-56-12. Grievance for retaliation for reporting violation of state law.

Pursuant to § 3-6D-22, an employee may file a grievance with the Civil Service Commission if the employee believes that there has been retaliation because of reporting a violation of state law.

Source: SL 2016, ch 16, § 12, eff. Mar. 16, 2016.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 1-57

SOUTH DAKOTA-IRELAND TRADE COMMISSION

1-57-1 Creation of South Dakota-Ireland Trade Commission--Purposes.

1-57-2 Membership.

1-57-3 Administration--Meetings--Selection of chair.

1-57-4 South Dakota-Ireland trade fund--Creation--Continuous appropriation.

1-57-5 Member reimbursement.

1-57-6 Report.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-1. Creation of South Dakota-Ireland Trade Commission--Purposes.

The South Dakota-Ireland Trade Commission is created to:

(1) Advance bilateral trade and investment between this state and Ireland;

(2) Initiate joint action on issues of mutual interest to this state and Ireland;

(3) Promote business and academic exchanges between this state and Ireland;

(4) Encourage mutual economic support between this state and Ireland;

(5) Encourage mutual investment in the infrastructure of this state and Ireland; and

(6) Address any other issues deemed to be of mutual benefit to this state and Ireland.

Source: SL 2024, ch 15, § 1.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-2. Membership.

The South Dakota-Ireland Trade Commission consists of:

(1) Two members of the Senate, appointed by the president pro tempore of the Senate;

(2) Two members of the House of Representatives, appointed by the speaker of the House;

(3) A representative of a private sector association headquartered in this state and focused on the promotion of international trade, appointed by the Executive Board of the Legislative Research Council; and

(4) The secretary of the Department of Agriculture and Natural Resources, or the secretary's designee.

Each appointed member shall serve for a term of two years and may be reappointed without limit. If a position becomes vacant, the position must be filled, for the duration of the term, in the same manner as the original appointment.

Source: SL 2024, ch 15, § 2.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-3. Administration--Meetings--Selection of chair.

The Department of Agriculture and Natural Resources shall provide administrative services to the South Dakota-Ireland Trade Commission.

At the initial meeting of the commission and annually thereafter, the members shall select one from among the four appointed legislators to serve as the chair. The commission shall meet at least quarterly, at the call of the chair.

Source: SL 2024, ch 15, § 3.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-4. South Dakota-Ireland trade fund--Creation--Continuous appropriation.

There is established in the state treasury the South Dakota-Ireland trade fund. The Department of Agriculture and Natural Resources shall administer the fund. The purpose of the fund is to defray the administrative expenses of the commission and support the commission's efforts to carry out its purposes, as set forth in § 1-57-1.

The fund consists of all moneys raised by or on behalf of the commission, together with any gifts, grants, or other donations. Interest on moneys credited to the fund must remain in the fund.

The South Dakota-Ireland trade fund is continuously appropriated to the South Dakota-Ireland Trade Commission.

Source: SL 2024, ch 15, § 4.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-5. Member reimbursement.

Each member of the South Dakota-Ireland Trade Commission is entitled to receive reimbursement for necessary expenses, as provided for in § 4-7-10.4, from moneys in the South Dakota-Ireland trade fund, if the member is performing duties directed by the commission.

Source: SL 2024, ch 15, § 5.

SDLRC - Codified Law 1 - STATE AFFAIRS AND GOVERNMENT

1-57-6. Report.

On or before November first of each year, the South Dakota-Ireland Trade Commission shall provide a report to the Executive Board of the Legislative Research Council. The report must include:

(1) A description of the commission's work;

(2) A description of benefits to the state and to sectors involved in international trade, attributable to the commission's efforts;

(3) Recommendations for legislative action that would support trade between this state and Ireland; and

(4) A summary of anticipated commission activities in the ensuing year.

Source: SL 2024, ch 15, § 6.