TITLE 6
LOCAL GOVERNMENT GENERALLY
Chapter
01 Acts And Records Of Local Officers
02 Liquidation Of Retirement Programs
03 Joint County-Municipal-School District Buildings
04 Auditorium Building Funds
05 Exchanges Of Property And Work
05A Local Improvement Assessments
06 Emergency Relocation Of Local Governments
07 Claims Against Insolvent Banks [Repealed]
08 Validation Of Prior Bonds Of Political Subdivisions
08A Refunding Of Public Securities [Repealed]
08B Bonds Of Local Public Bodies
09 Annual Fiscal Reports
10 Incorporation And Dissolution Of Political Subdivisions
11 Local Government Study Commission [Repealed]
12 Home Rule Charters
13 Disposal Of Surplus Government Property
14 Endowment Funds
15 Limitation On State Mandated Services
16 Special Districts
17 Cooperation Between Local Government Entities
18 Certified Site For Development [Repealed]
19 Certified Technology Parks [Repealed]
20 Airport Revenue Bonds
21 Historic Or Educational Townsites
CHAPTER 6-1
ACTS AND RECORDS OF LOCAL OFFICERS
6-1-1 Local officer's interest in public purchase or contract unlawful--Contract void.
6-1-2 Conditions under which contract with local officer permitted--Contract voidable if conditions not fully met.
6-1-2.1 Conditions under which competitive bid pursuant to chapter 5-18A from officer of governing body may be accepted.
6-1-3 Deposit of funds permitted despite bank connection of public officer.
6-1-4 Limitation of actions to recover amounts paid under unlawful contracts--Fraud or deceit.
6-1-5 Failure of local officer to make official report--Procurement of information at expense of political subdivision.
6-1-6 Expense of procuring information omitted from official report--Payment--Civil liability of officer and sureties.
6-1-7 Examination of county records at end of officer's term--Proceeding against delinquent officer.
6-1-8 Examination of records and proceedings against municipal, township, and school officers.
6-1-9 Officers to provide necessary blanks and records for office.
6-1-10 Publication of payroll information.
6-1-11 Form of certain public records--Duplicate--Computerization.
6-1-12 "Local government" defined.
6-1-13 Rent control of private residential property prohibited.
6-1-14 Limitation on delegation, transfer, or assignment of taxing authority.
6-1-15 Health and dental insurance.
6-1-16 Insurance for retiring employees.
6-1-17 Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.
6-1-18 Officer may consider relevant information from any source--Reliance on experience.
6-1-19 Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution.
6-1-20 Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence.
6-1-21 Grounds for disqualification of officer in quasi-judicial proceeding.
6-1-22 Members of governing bodies displaced by natural disaster to continue term of office.
6-1-23 Fuel gas appliances--Ban prohibited--Exclusions.
6-1-24 Fuel gas service--Ban prohibited--Exclusions.
6-1-1. Local officer's interest in public purchase or contract unlawful--Contract void.
It shall be unlawful for any officer of a county, municipality, township, or school district, who has been elected or appointed, to be interested, either by himself or agent, in any contract entered into by said county, municipality, township, or school district, either for labor or services to be rendered, or for the purchase of commodities, materials, supplies, or equipment of any kind, the expense, price, or consideration of which is paid from public funds or from any assessment levied by said county, municipality, township, or school district, or in the purchase of any real or personal property belonging to the county, municipality, township, or school district or which shall be sold for taxes or assessments or by virtue of legal process at the suit of such county, municipality, township, or school district. Such contract shall be null and void from the beginning.
Source: SL 1955, ch 206, § 1; SL 1957, ch 254; SL 1959, ch 273; SDC Supp 1960, § 10.0708; SL 1963, ch 30.
6-1-2. Conditions under which contract with local officer permitted--Contract voidable if conditions not fully met.
The provisions of § 6-1-1 are not applicable if the contract is made pursuant to any one of the conditions set forth in the following subdivisions, without fraud or deceit. However, the contract is voidable if the provisions of the applicable subdivision are not fully satisfied or present at the time the contract was entered into:
(1) Any contract involving five thousand dollars or less regardless of whether other sources of supply or services are available within the county, municipality, township, or school district, if the consideration for such supplies or services is reasonable and just;
(2) Any contract involving more than five thousand dollars but less than the amount for which competitive bidding is required, and there is no other source of supply or services available within the county, municipality, township, or school district if the consideration for such supplies or services is reasonable and just and if the accumulated total of such contracts paid during any given fiscal year does not exceed the amount specified in § 5-18A-14;
(3) Any contract with any firm, association, corporation, or cooperative association for which competitive bidding is not required and where other sources of supply and services are available within the county, municipality, township or school district, and the consideration for such supplies or services is reasonable and just, unless the majority of the governing body are members or stockholders who collectively have controlling interest, or any one of them is an officer or manager of any such firm, association, corporation, or cooperative association, in which case any such contract is null and void;
(4) Any contract for which competitive bidding procedures are followed pursuant to chapter 5-18A or 5-18B, and where more than one such competitive bid is submitted;
(5) Any contract for professional services with any individual, firm, association, corporation, or cooperative, if the individual or any member of the firm, association, corporation, or cooperative is an elected or appointed officer of a county, municipality, township, or school district, whether or not other sources of such services are available within the county, municipality, township, or school district, if the consideration for such services is reasonable and just;
(6) Any contract for commodities, materials, supplies, or equipment found in the state contract list established pursuant to § 5-18D-6, at the price there established or below;
(7) Any contract or agreement between a governmental entity specified in § 6-1-1 and a public postsecondary educational institution if an employee of the Board of Regents serves as an elected or appointed officer for the governmental entity, and if the employee does not receive direct compensation or payment as a result of the contract or agreement; and
(8) Any contract with any firm, association, corporation, individual, or cooperative association for which competitive bidding procedures are followed pursuant to chapter 5-18A, and where only one such competitive bid is submitted, provided the procedures established in § 6-1-2.1 are followed.
Source: SL 1955, ch 206, § 1; SL 1957, ch 254; SL 1959, ch 273; SDC Supp 1960, § 10.0708; SL 1963, ch 30; SL 1983, ch 44, § 1; SL 1990, ch 47, § 2; SL 1990, ch 49, § 3; SL 2000, ch 31, § 1; SL 2003, ch 39, § 1; SL 2011, ch 2, § 112; SL 2011, ch 34, § 1; SL 2014, ch 44, § 1.
6-1-2.1. Conditions under which competitive bid pursuant to chapter 5-18A from officer of governing body may be accepted.
If competitive bidding procedures have been followed pursuant to chapter 5-18A, and the bid notice has been placed on the central bid exchange pursuant to § 5-18A-13 for two weeks prior to the opening of bids, a bid from an officer of the governing body may be opened and accepted provided the consideration is reasonable and just as determined by the governing body or a disinterested governmental entity.
Source: SL 2011, ch 34, § 2.
6-1-3. Deposit of funds permitted despite bank connection of public officer.
A bank may be designated as the official depository of county, municipal, township, or school district funds, notwithstanding that an officer, director, stockholder, or employee of a bank is an elected or appointed officer or treasurer of such county, municipality, township, or school district.
Source: SDC Supp 1960, § 10.0708 as added by SL 1963, ch 30.
6-1-4. Limitation of actions to recover amounts paid under unlawful contracts--Fraud or deceit.
Any civil action to recover the amounts paid by a county, municipality, township or school district under any of the conditions of §§ 6-1-1 to 6-1-3, inclusive, must notwithstanding any other law or statute of limitation, be commenced within six months from the date of publication of the minutes recording the approval of the voucher in payment thereof or within six months from the filing of any audit report covering the expenditure therefor, whichever of the two events occurs the later; but, this limitation for commencement of civil action shall not apply where any fraud or deceit was used in securing or performing such contract.
Source: SL 1955, ch 206, § 1; SL 1957, ch 254; SL 1959, ch 273; SDC Supp 1960, § 10.0708; SL 1963, ch 30.
6-1-5. Failure of local officer to make official report--Procurement of information at expense of political subdivision.
In any case where any county, municipality, civil township, or school district officer who is required by law to make an official report to any other county, municipality, civil township, or school corporation officer, board, tribunal, or state officer, and who shall willfully fail or neglect to make such report, or fail to perform such official duty, within the time required by law or at least five days thereafter or such longer time as may be specifically stated in such request, the proper official, department, board, or commission to whom such report was required to be made or who shall be authorized to request the same, shall be authorized to procure such required or requested information at the expense of the political subdivision required to furnish the same.
Source: SL 1891, ch 98, § 1; RPolC 1903, § 980; RC 1919, § 7064; SDC 1939, § 48.0702; SL 1945, ch 212, § 1; SL 1992, ch 60, § 2.
6-1-6. Expense of procuring information omitted from official report--Payment--Civil liability of officer and sureties.
The expense of procuring such required or requested information shall not exceed ten dollars per day and the necessary hotel and traveling expenses. The expenses incurred in procuring such information shall be paid to the state or political subdivision entitled to such report or information from whom such report or information is required at the first regular meeting of the governing body of such political subdivision. Such expense shall be paid from funds available for the payment of salaries or maintenance of the office of such delinquent officer. The officer of such political subdivision whose duty it is to furnish such report or information, and the sureties on his bond shall be liable for the costs and expenses incurred in obtaining such report or information to the political subdivision which has paid same and such subdivision may recover in a civil action against him and his sureties in any court having jurisdiction.
Source: SL 1891, ch 98, § 1; RPolC 1903, § 980; RC 1919, § 7064; SDC 1939, § 48.0702; SL 1945, ch 212, § 1.
6-1-7. Examination of county records at end of officer's term--Proceeding against delinquent officer.
It shall be the duty of the board of county commissioners and the state's attorney in each county to examine the records of the several county officers, at the end of the officer's term of office, to see that they have been properly kept. Any failure must be remedied or it shall become the duty of the state's attorney to proceed against any such officer for neglect as provided in §§ 6-1-5 and 6-1-6.
Source: SL 1891, ch 98, § 2; RPolC 1903, § 981; RC 1919, § 7065; SDC 1939, § 48.0703.
6-1-8. Examination of records and proceedings against municipal, township, and school officers.
It shall also become the duty of the governing board of each municipality, civil township, or school corporation to examine the records of its several officers in like manner and, upon complaint by the proper board, the state's attorney shall proceed as provided in § 6-1-7 relating to county officers.
Source: SL 1891, ch 98, § 2; RPolC 1903, § 981; RC 1919, § 7065; SDC 1939, § 48.0703; SL 1992, ch 60, § 2.
6-1-9. Officers to provide necessary blanks and records for office.
It shall be the duty of the county, municipality, civil township, or school district officer to provide, at the expense of the county, municipality, civil township, or school corporation, such blanks and records as are necessary for making the proper record and the transaction of any official business connected with his office.
Source: SL 1891, ch 98, § 3; RPolC 1903, § 982; RC 1919, § 7066; SDC 1939, § 48.0704; SL 1992, ch 60, § 2.
6-1-10. Publication of payroll information.
Notwithstanding the provisions of §§ 7-18-3, 9-18-1, and 13-8-35, the boards of county commissioners, the governing board of each municipal corporation, and school boards shall publish with the minutes of the first meeting following the beginning of the fiscal year, or within thirty days thereafter, or in the minutes of the first meeting following the completion of salary negotiations with employees for that fiscal year, or within thirty days thereafter, a complete list of all the salaries of all officers and employees and thereafter shall publish once any salary paid to any officer or employee who has been added or whose salary has been increased. The governing board shall publish, in their minutes, at least monthly, a total of payroll by department.
Source: SL 1972, ch 37; SL 1975, ch 67, § 1; SL 1979, ch 38; SL 1985, ch 15, § 19; SL 1986, ch 60; SL 1998, ch 37, § 1.
6-1-11. Form of certain public records--Duplicate--Computerization.
Whenever the creation, maintenance, or storage of any public record is specified by state law for political subdivisions, such record may be in the form of punched cards, magnetic tapes, disks, and other machine-sensible data media within a data processing system. Such records shall be backed up by a duplicate, be accessible to viewing members of the public, and be retained in accordance with all applicable requirements for the retention of manual records. To the extent an office is computerized, the office need not keep a hard, paper copy. If current public records are converted to a computerized format, the political subdivision may destroy those records which the state records destruction board has pursuant to § 1-27-19, declared to be of no further administrative, legal, fiscal, research, or historical value.
Source: SL 1987, ch 64, § 1; SL 1988, ch 61, § 1.
6-1-12. "Local government" defined.
As used in § 6-1-13 local government unit is any political subdivision of this state including a county, township, municipality, or other unit of government, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
Source: SL 1990, ch 51, § 1.
6-1-13. Rent control of private residential property prohibited.
No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
Source: SL 1990, ch 51, § 2.
6-1-14. Limitation on delegation, transfer, or assignment of taxing authority.
No governing body of any county, municipality, school district, township, or special taxing district may delegate, transfer, or assign its taxing authority to any commission, board, person, or corporate entity which is entirely or partly comprised of members not duly elected by the voters of said jurisdiction.
Source: SL 1995, ch 265, § 3.
6-1-15. Health and dental insurance.
Any municipality, county, or school district may obtain and pay for all forms of health insurance, a dental insurance plan, or both, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24.
Source: SL 1997, ch 31, § 3.
6-1-16. Insurance for retiring employees.
Any municipality, county, or school district may provide for health insurance for retiring employees and their spouses and dependents as the governing body may deem appropriate.
Source: SL 1997, ch 31, § 4.
6-1-17. Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy.
No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:
(1) The official has a direct pecuniary interest in the matter before the governing body; or
(2) At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.
If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.
Source: SL 2005, ch 40, § 1.
6-1-18. Officer may consider relevant information from any source--Reliance on experience.
An elected or appointed municipal, county, or township officer may receive and consider relevant information from any source to perform the duties of office. An elected or appointed municipal, county, or township officer may rely on his or her own experience and background on any official matters, subject to the applicable law and rule concerning recusal and disqualification of a public officer.
Source: SL 2015, ch 54, § 1.
6-1-19. Formal rules of procedure and evidence not applicable to public hearing or meeting on proposed ordinance or resolution.
Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding any proposed ordinance, resolution, or regulation on any subject is legislative in nature and may be conducted informally to the extent the officer deems necessary to secure public comment on matters of public interest. The formal rules of procedure and evidence do not apply to the conduct of the public hearing or meeting. This provision does not abrogate any open meeting requirements in chapter 1-25.
Source: SL 2015, ch 54, § 2.
6-1-20. Formal rules of procedure and evidence not applicable to public hearing or meeting on quasi-judicial matter--Public disclosure of evidence.
Any public hearing or meeting conducted by an elected or appointed municipal, county, or township officer regarding a quasi-judicial matter as defined in subdivision 1-32-1(10) may be conducted informally to secure the information required to make a decision. The formal rules of procedure and evidence do not apply to the conduct of the public hearing or meeting. If an officer relies upon any evidence not produced at a public hearing or meeting, the officer shall disclose the evidence publicly and include the information in the public record to afford all parties an opportunity to respond or participate. Failure to make this disclosure may be grounds for the municipal, county, or township officer's disqualification for that particular decision, pursuant to the grounds for disqualification pursuant to § 6-1-21.
Source: SL 2015, ch 54, § 3.
6-1-21. Grounds for disqualification of officer in quasi-judicial proceeding.
An elected or appointed municipal, county, or township officer may receive input from the public, directly or indirectly, about any matter of public interest. Such contact alone does not require the officer to recuse himself or herself from serving as a quasi-judicial officer in another capacity. An elected or appointed officer is presumed to be objective and capable of making decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general experience and background. Only by a showing of clear and convincing evidence that the officer's authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.
Source: SL 2015, ch 54, § 4.
6-1-22. Members of governing bodies displaced by natural disaster to continue term of office.
Any member of a governing body of a county, municipality, school district, township, or special purpose district, who is displaced from the district, county, municipality, township, ward, or precinct from which the member was elected or appointed to serve by flood, tornado, fire, or other natural disaster may continue to serve until the expiration of the member's term.
Source: SL 2016, ch 42, § 1.
6-1-23. Fuel gas appliances--Ban prohibited--Exclusions.
No local ordinance or regulation may prohibit the use, production, manufacture, or transport of fuel gas appliances within the state. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to prohibit the use, production, manufacture, or transport of fuel gas appliances within the state.
For the purpose of this section, the term, fuel gas, means natural gas or propane.
Source: SL 2023, ch 19, § 1.
6-1-24. Fuel gas service--Ban prohibited--Exclusions.
No local governmental unit, as defined in § 6-1-12, may enact or implement any ordinance, resolution, or policy that prohibits or has the effect of prohibiting the use, production, or transportation of natural gas, propane, or any other fuel gas service as a type or class of service. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to affect a prohibition on the use, production, or transportation of natural gas, propane, or any other fuel gas service as a type or class of service.
Source: SL 2023, ch 20, § 1.
6-2-1
Liquidation authorized--Vested rights protected.
6-2-2
Security for employees retired before liquidation--Retention of funds.
6-2-3
Judges' retirement program unaffected.
6-2-1. Liquidation authorized--Vested rights protected.
Authority is herewith granted any governmental subdivision of this state to liquidate any pension, annuity, or other retirement program existing between the subdivisions of government and its employees where no vested rights in the employees are involved, or, where vested rights are involved, to liquidate such a program with the consent of all the employees covered by the program. Liquidation may be had in such instances by formal action of the governing body of the subdivision of government, without more.
Source: SL 1951, ch 101, § 1; SDC Supp 1960, § 17.1213.
6-2-2. Security for employees retired before liquidation--Retention of funds.
In the event any subdivision of government shall liquidate any pension, annuity, or other retirement program existing between the subdivision of government and its employees, the subdivision of government is herewith authorized to secure any employee retired before liquidation of the program in his retirement in a program substantially equivalent to the retirement for which he qualified and the subdivision of government shall retain so much of the money-raising powers granted it to effect the program in the first instance as is necessary to so secure such retired employees.
Source: SL 1951, ch 101, § 2; SDC Supp 1960, § 17.1213.
6-2-3. Judges' retirement program unaffected.
Nothing within the provisions of this chapter shall change or alter the effect of any pension, annuity, or other retirement program authorized and established by the Legislature of the State of South Dakota relating to Supreme and Circuit Court judges.
Source: SL 1951, ch 101, § 3; SDC Supp 1960, § 17.1213.
6-3-1
Construction, furnishing, operation, and maintenance of common building
authorized--Use of existing building.
6-3-2
Execution of agreement for common building--Contents and filing--Amendment and
supplementation.
6-3-3
Appropriations and bonds authorized for common building--Bond issue prohibited
until financing provisions complete.
6-3-4
Contents of resolution or ordinance, notice and ballot on bond issue.
6-3-5
Resubmission of bond proposition after rejection by voters.
6-3-6
Additional appropriations or bonds when cost exceeds estimates.
6-3-7
Improvements and equipping of building by participating subdivision.
6-3-8
Supplemental nature of powers granted.
6-3-9
Joint county-municipal building in county seat--Resolutions of governing bodies--Plans and specifications.
6-3-10
Elections on bonds for joint building.
6-3-11
Resubmission of bond question after rejection by voters.
6-3-12
Erection and maintenance of joint building in county seat--Selection of site.
6-3-13
Tax proceeds usable for joint building--Special building funds--Bonds--Private
subscriptions and donations.
6-3-1. Construction, furnishing, operation, and maintenance of common building authorized--Use of existing building.
As used in §§ 6-3-1 to 6-3-8, inclusive, the term, political subdivision, means any county, any municipality, improvement district, or any school district. Any two or more political subdivisions, each of which has territory overlapping that of all of the others, may agree in the manner set forth in § 6-3-2 to acquire a site for, purchase or construct, equip, furnish, operate, and maintain a public building for their common use, for the purposes authorized by law in the case of each such subdivision, or to improve, extend, equip, and furnish, for such purposes, any such building previously owned by the participating subdivisions or any of them.
Source: SL 1949, ch 447, § 1; SDC Supp 1960, § 65.0714; SL 1991, ch 64, § 8; SL 1992, ch 60, § 2.
6-3-2. Execution of agreement for common building--Contents and filing--Amendment and supplementation.
The agreement referred to in § 6-3-1 shall be set forth in writing, approved by resolutions of the governing bodies of the participating political subdivisions and executed by their officers thereunto duly authorized, and shall state the purposes for which the building or improvement shall be used, the estimated cost thereof, the estimated amount of such cost to be borne by each subdivision, the proportion and method of allocating the expenses of operation and maintenance of such building or improvement, and the disposition to be made of any revenues to be derived therefrom; and copies of such written agreement shall be filed and kept of public record by the recording officers of each participating subdivision. Such agreement may be amended or supplemented from time to time by action of the governing bodies of the participating subdivisions, and all such amendments or supplements shall be filed with the recording officers of the respective subdivisions.
Source: SL 1949, ch 447, § 2; SDC Supp 1960, § 65.0715.
6-3-3. Appropriations and bonds authorized for common building--Bond issue prohibited until financing provisions complete.
The governing body of each participating political subdivision may appropriate money or may also issue the general obligation bonds of the subdivision, as provided in chapter 6-8B for the authorization, issuance, and sale of bonds, for the payment of its share of the cost of the building or improvement. No bonds may be issued until provision has been made by each of the other participating subdivisions for the payment of the subdivision's share of the cost.
Source: SL 1949, ch 447, § 3; SDC Supp 1960, § 65.0716; SL 1984, ch 43, § 60; SL 1999, ch 30, § 1.
6-3-4. Contents of resolution or ordinance, notice and ballot on bond issue.
The resolution or ordinance, notice and ballot as provided in chapter 6-8B shall include the estimated total cost of the building or improvement, the names of the other participating subdivisions, and shall refer to the agreement on file in the office of the recording officer.
Source: SL 1949, ch 447, § 3; SDC Supp 1960, § 65.0716; SL 1984, ch 43, § 61.
6-3-5. Resubmission of bond proposition after rejection by voters.
In the event that the proposition of issuing bonds of any of the participating subdivisions for the purposes of §§ 6-3-1 to 6-3-8, inclusive, fails to carry by the requisite vote, such proposition may be resubmitted by the governing body at any time, with the consent of the governing bodies of the other participating subdivisions.
Source: SL 1949, ch 447, § 4; SDC Supp 1960, § 65.0717; SL 1999, ch 30, § 2.
6-3-6. Additional appropriations or bonds when cost exceeds estimates.
In the event that the cost of any such building or improvement is greater than originally estimated, the governing body of each of the participating subdivisions shall have the power to appropriate additional moneys or submit to the electors the question of the issuance of additional bonds to pay such portion of the increased cost as shall be agreed to be borne by such subdivision.
Source: SL 1949, ch 447, § 4; SDC Supp 1960, § 65.0717.
6-3-7. Improvements and equipping of building by participating subdivision.
Each participating subdivision shall have the power, with the consent of the governing bodies of the other participating subdivisions, to add to, improve, and equip any such building for its own purposes to the same extent and in the same manner as if said building were wholly owned by and devoted to the uses of such subdivision.
Source: SL 1949, ch 447, § 4; SDC Supp 1960, § 65.0717.
6-3-8. Supplemental nature of powers granted.
The powers granted and procedures prescribed by §§ 6-3-1 to 6-3-7, inclusive, shall be in addition to and not in derogation of any other powers conferred by law upon any of the participating subdivisions to make agreements, to appropriate and expend money, and to issue bonds for the same or similar purposes, or any other methods prescribed by law for the accomplishment of such purposes, and no existing law shall be deemed to be repealed hereby.
Source: SL 1949, ch 447, § 5; SDC Supp 1960, § 65.0718.
6-3-9. Joint county-municipal building in county seat--Resolutions of governing bodies--Plans and specifications.
The board of county commissioners of any county and the governing body of the county seat of such county, whenever both of such governing bodies by separate resolutions declare that it is for the best interests of the county, or municipality to erect and maintain a joint building for county, municipal, community, and memorial purposes, shall have the power to employ competent architects and engineers and secure plans and specifications for such proposed joint building and shall determine the approximate cost thereof and the proportion thereof to be borne by each.
Source: SL 1921, ch 164, § 1; SDC 1939, § 12.2304; SL 1992, ch 60, § 2.
6-3-10. Elections on bonds for joint building.
After the governing bodies have decided and agreed upon plans and specifications that will provide for all of the needs of the county, municipality, and community and after determining the approximate costs thereof, the governing bodies shall submit the question of issuing bonds of the county and municipality, to cover its share of expense of joint building at the same time and at the same election.
Source: SL 1921, ch 164, § 1; SDC 1939, § 12.2304; SL 1984, ch 43, § 62; SL 1992, ch 60, § 2.
6-3-11. Resubmission of bond question after rejection by voters.
If the county, or municipality shall fail to authorize said bond issue, the county or municipality failing to authorize said bond issue may resubmit the same as provided in § 6-3-10 within six months and if then authorized the county or municipality may proceed with such work, otherwise, no further work shall be done until a new vote is had by both the county and municipality interested.
Source: SL 1921, ch 164, § 1; SDC 1939, § 12.2304; SL 1992, ch 60, § 2.
6-3-12. Erection and maintenance of joint building in county seat--Selection of site.
After the issuance of bonds is authorized as provided in § 6-3-10, it shall be lawful for the county and municipality to join in the erection and completion of such building, and they shall have authority to make provisions for the maintenance of the same. The site for any such building shall be determined upon by the commissioners and the governing body and they shall have authority to use any site owned by either or they may secure a new site.
Source: SL 1921, ch 164, § 1; SDC 1939, § 12.2304; SL 1992, ch 60, § 2.
6-3-13. Tax proceeds usable for joint building--Special building funds--Bonds--Private subscriptions and donations.
Counties or municipalities joining pursuant to § 6-3-12 are authorized to use any and all moneys realized from taxes levied for county, municipal, community, or memorial buildings, and the governing board of any county or municipality so joining is hereby empowered to transfer any building fund moneys now on hand to a special fund to be used for the purpose specified in § 6-3-9, except that funds heretofore raised by taxation for a state memorial building shall not be used by said county. Such counties or municipalities so joining are further empowered to issue their bonds, as now provided by law, and accept private subscriptions and donations for the furtherance and maintenance of such buildings as are erected in compliance with §§ 6-3-9 to 6-3-13, inclusive.
Source: SL 1921, ch 164, §§ 2, 3; SDC 1939, § 12.2304; SL 1992, ch 60, § 2.
6-4-1
Percentage of admission charge collected for fund--Restrictions on use of fund.
6-4-2
Investment of money in fund--Disposition of income.
6-4-3
Purposes for which fund used.
6-4-1. Percentage of admission charge collected for fund--Restrictions on use of fund.
Any county, municipality, or school district operating or maintaining, either jointly or severally, an auditorium, coliseum, public gymnasium, or public community house, shall have the power to establish a fund and may collect for such fund not exceeding ten percent of the admission charge paid by each person, except such students or any other group or classification of persons which may be specifically exempted therefrom by the governing body, for admission to such building for any recreational, athletic, or educational activity, exhibition, or entertainment, whether conducted or sponsored by any municipality or any person, firm, organization, or public or private corporation. The money derived shall be kept separate from all other funds of the governmental subdivision and shall be known as the auditorium building fund, and shall not be used for any other purpose except the erection or remodeling of an auditorium, coliseum, public gymnasium, or public community house, and for the acquisition of sites and equipment therefor.
Source: SL 1953, ch 488, § 1; SDC Supp 1960, § 65.0719.
6-4-2. Investment of money in fund--Disposition of income.
The governing body of such county, municipality, or school district shall have power and authority to invest, from time to time and as such fund accumulates, the moneys derived therefrom in bonds of the State of South Dakota, bonds of any subdivision of government of this state, or bonds of the United States government, and the income derived from such investment shall be paid into and kept in such auditorium building fund.
Source: SL 1953, ch 488, § 2; SDC Supp 1960, § 65.0720.
6-4-3. Purposes for which fund used.
The governing body may use the moneys in the auditorium building fund with any other funds that may come into its possession for the erection, construction, or remodeling of an auditorium, coliseum, public gymnasium, or public community house, and for the acquisition of sites and equipment therefor.
Source: SL 1953, ch 488, § 2; SDC Supp 1960, § 65.0721.
6-5-1
Transfers of land or property between political subdivisions permitted--Work
exchanges--Agreements of governing bodies.
6-5-2
Gratuitous transfers of property to another political subdivision or nonprofit
corporation.
6-5-3
Resolution for gratuitous transfer of real property--Conveyance.
6-5-4
Exchange of land with private owner--Appraisal--Public notice and hearing.
6-5-5
Local governments permitted to lease, sell, give, or otherwise convey real and
personal property to other units of government.
6-5-1. Transfers of land or property between political subdivisions permitted--Work exchanges--Agreements of governing bodies.
All counties, municipalities, sanitary districts, improvement districts, townships, and school districts of this state may exchange with each other and to transfer and convey from one to the other any land or property belonging to them and under their respective jurisdictions and to perform and exchange work between themselves. All transfers of property and work as authorized by this section shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
Source: SL 1959, ch 35; SDC Supp 1960, § 45.2713; SL 1976, ch 64; SL 1991, ch 64, § 9.
6-5-2. Gratuitous transfers of property to another political subdivision or nonprofit corporation.
Any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property.
Source: SL 1971, ch 41, § 1; SL 1984, ch 42, § 1; SL 2012, ch 48, § 1.
6-5-3. Resolution for gratuitous transfer of real property--Conveyance.
If the governing body deems it advisable and to the best interest of the public to convey any such property to another political subdivision or nonprofit corporation pursuant to § 6-5-2, it shall by resolution direct that said property be so conveyed and transferred. Thereupon a deed of conveyance shall be made to the political subdivision or nonprofit corporation, which deed vests in the grantee all the right, title and interest of the transferor in and to the real property so conveyed.
Source: SL 1971, ch 41, § 2; SL 1984, ch 42, § 2.
6-5-4. Exchange of land with private owner--Appraisal--Public notice and hearing.
Any county, municipality, sanitary district, township, or school district of this state may, by resolution, exchange any land belonging to them with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the real property to be appraised by a board of three disinterested appraisers who are freeholders within the county, municipality, sanitary district, township, or school district or by one or more persons licensed by the state to do fee appraisals. Any exchange shall be made upon such terms, conditions, and in such manner as may be determined and agreed upon by the parties, following public notice and hearing. The notice of the proposed exchange and hearing shall be published once at least ten days before the hearing. The notice shall contain a description of the lands to be exchanged.
Source: SL 1987, ch 65, § 2.
6-5-5. Local governments permitted to lease, sell, give, or otherwise convey real and personal property to other units of government.
Notwithstanding any other provision of law to the contrary, but, in compliance with the provisions of the Constitution of the State of South Dakota, every county, municipality, school district, civil township, or other entity authorized by law to levy taxes may lease or sell or give and convey any personal property, real property, or money of such entity or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose. Such lease or sale or gift and conveyance, or the performance of such work, to be authorized, shall be made or done on the terms and in the manner provided by resolutions of the governing body. However, no money may be transferred from any sinking or interest fund unless sufficient money is left therein to pay all interest which may accrue on and the principal of all outstanding bonds.
Source: SL 1991, ch 55.
6-5A-1 Railroad property assessment.
6-5A-1. Railroad property assessment.
Whenever a railroad's right-of-way, street, or railroad properties owned or operated for railway purposes shall be included within any assessment for local improvement, such railroad right-of-way, street, or railroad properties owned or operated for railway purposes shall be assessed only if, and to the extent that, it is determined by the Department of Revenue that it will benefit from the proposed improvements. In determining whether or not such railroad right-of-way, street, or railroad properties operated for railway purposes benefits, its existing use as a railroad right-of-way, street, or railroad properties operated for railway purposes shall be presumed to be permanent.
Source: SL 1974, ch 53.
6-6-1
Meeting of governing body after or on threat of enemy attack--Designation of
substitute place of government--Location within or without subdivision or state.
6-6-2
Powers exercised at substitute location--Formalities omitted--Validity of acts.
6-6-3
Supremacy of chapter over other provisions.
6-6-1. Meeting of governing body after or on threat of enemy attack--Designation of substitute place of government--Location within or without subdivision or state.
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 local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate, or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.
Source: SL 1961, ch 467, § 1.
6-6-2. Powers exercised at substitute location--Formalities omitted--Validity of acts.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, the powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
Source: SL 1961, ch 467, § 2.
6-6-3. Supremacy of chapter over other provisions.
The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
Source: SL 1961, ch 467, § 3.
6-8-1
Validation of obligations--Subdivisions and obligations included.
6-8-2
Time period of obligations and proceedings validated.
6-8-3
Validation of obligations and proceedings despite irregularities and defects--Constitutional
requirements not waived.
6-8-4
Obligations exceeding debt limitations not validated.
6-8-5 to 6-8-10. Repealed.
6-8-1. Validation of obligations--Subdivisions and obligations included.
As used in §§ 6-8-1 to 6-8-4, inclusive, the term, political subdivision, means any county, township, improvement district, municipality, or school district in the State of South Dakota, and the term, bonds, means any obligation payable at a specified future date, including but without limiting the generality hereof, revenue bonds, assessment bonds, improvement bonds, general obligation bonds, and revenue bonds under chapter 9-38, 9-40, 9-41, or 9-52 and assessment bonds or certificates issued pursuant to chapter 9-43, and improvement bonds issued pursuant to chapter 9-44, and all bonds issued pursuant to §§ 6-3-1 to 6-3-8, inclusive, and all bonds issued pursuant to chapter 7-24 or 7-25A.
Source: SL 1967, ch 350, § 1; SL 1969, ch 291, § 1; SL 1991, ch 64, § 5; SL 1992, ch 60, § 2.
6-8-2. Time period of obligations and proceedings validated.
The provisions of § 6-8-3 apply in all cases where a political subdivision has, prior to January 1, 2001, issued bonds or has theretofore commenced proceedings to issue bonds for any lawful purpose.
Source: SL 1967, ch 350, § 2; SL 1969, ch 291, § 2; SL 1971, ch 40, § 1; SL 1973, ch 41, § 1; SL 1984, ch 43, § 62A; SL 1991, ch 64, § 6; SL 1993, ch 62, § 1; SL 2001, ch 34, § 1.
6-8-3. Validation of obligations and proceedings despite irregularities and defects--Constitutional requirements not waived.
In all such cases as described in § 6-8-2, the bonds so issued and all proceedings taken before January 1, 2001, for the issuance of such bonds and for the levy and appropriation of taxes, assessments, or revenues for the payment thereof and all covenants heretofore made for the security of such bonds are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of said bonds including, but without limitation of the generality hereof, any defect or irregularity in any election, notice of election, publication, or petition required by law, or in any of the obligations issued before January 1, 2001, which are funded or refunded, by bonds heretofore issued or authorized to be issued, including special assessment proceedings and special assessment certificates or bonds issued in lieu thereof; and all such bonds issued pursuant to said proceedings heretofore taken, shall be legal, valid, and binding obligations of the political subdivision issuing the same, notwithstanding any defects or irregularities, other than actions prohibited by the Constitution or omissions or actions required by the Constitution, in the proceedings taken for the issuance of such bonds.
Source: SL 1967, ch 350, § 3; SL 1969, ch 291, § 3; SL 1971, ch 40, § 2; SL 1973, ch 41, § 2; SL 1984, ch 43, § 62B; SL 1991, ch 64, § 7; SL 1993, ch 62, § 2; SL 2001, ch 34, § 2.
6-8-4. Obligations exceeding debt limitations not validated.
Section 6-8-3 shall not be construed as attempting to validate evidences of indebtedness issued by such political subdivision in excess of the constitutional or statutory limitations upon its indebtedness.
Source: SL 1967, ch 350, § 4; SL 1969, ch 291, § 4.
CHAPTER 6-8B
BONDS OF LOCAL PUBLIC BODIES
6-8B-1 Definitions.
6-8B-2 Election required for issuance.
6-8B-3 Resolution or ordinance declaring necessity of bond issue--Contents--Election.
6-8B-4 Notice of election.
6-8B-5 Ballot form.
6-8B-6 Improvement--Authorization of bonds for purchase or construction--Expenditures authorized.
6-8B-7 School, street, or utility improvements--Authorization of bonds.
6-8B-8 Issuance of bonds on approval by voters.
6-8B-9 Issuance, form, and terms of bonds.
6-8B-10 Public or private sale--Notice and procedure for public sale.
6-8B-11 Single issue of bonds separately approved.
6-8B-12 Interest rate.
6-8B-13 Disposition of proceeds.
6-8B-14 Negotiable investment security status.
6-8B-15 Powers as issuer of negotiable investment securities.
6-8B-16 Agents for authentication, transfer, registration, payment, and other functions--Central depository system.
6-8B-17 Authentication of bonds--Signatures--Seal.
6-8B-18 Registration books--Disclosure of information.
6-8B-19 Information filed with secretary of state by issuer.
6-8B-20 Costs of issuance and sale.
6-8B-21 Signature by resident attorney.
6-8B-22 Invalidity of bonds without attorney's signature.
6-8B-23 Notice of redemption.
6-8B-24 Replacement of lost, stolen, or destroyed bonds.
6-8B-25 Tax exemption.
6-8B-26 Anticipation notes--When issuance authorized.
6-8B-27 Anticipation notes--Amount--Term.
6-8B-28 Anticipation notes--Payment--Issuance of bonds required--Exchange--Redemption.
6-8B-29 Anticipation notes--Bond provisions applicable.
6-8B-30 Refunding bonds without election--Purposes.
6-8B-31 6-8B-31. Repealed by SL 1986, ch 61.
6-8B-32 Voluntary surrender required to refund bonds not maturing or callable for twenty-five years--Provision for payment.
6-8B-33 Approvals required for refunding bonds of issuer divided into other public bodies.
6-8B-34 Refunding after detachment of land from issuer.
6-8B-35 Maximum amount of refunding bonds.
6-8B-36 Maximum aggregate indebtedness of issuer.
6-8B-37 Bonds not included in computation of aggregate indebtedness.
6-8B-38 Combining outstanding issues for refunding--Combining refunding and other purposes--Issue in series.
6-8B-39 Bonds payable from different sources--Refunding by single issue prohibited.
6-8B-40 Refunding bonds not payable from same source as bonds being refunded--Election required.
6-8B-41 Combinations subject to more than one debt limit prohibited.
6-8B-42 Issuance and sale of refunding bonds.
6-8B-43 Conclusiveness of determination that limitations have been met.
6-8B-44 Recital of authority for issuance--Incontestability after delivery for value.
6-8B-45 Exchange or sale.
6-8B-46 Disposition of proceeds of sale--Escrow.
6-8B-47 Escrow including other funds.
6-8B-48 Investment of escrow funds--Amount required in escrow--Appropriation--Verification.
6-8B-49 Purchaser not responsible for application of proceeds.
6-8B-50 Disposition of accrued interest and premiums received on sale.
6-8B-51 Outstanding bonds unaffected.
6-8B-52 Chapter of full authority--Additional to other laws.
6-8B-53 Issuance of crossover refunding bonds--Deposit of proceeds in debt service fund--Maintenance of fund--Taxes levied and appropriated for payment of refunding bonds.
6-8B-54 Securities purchased for debt service fund limited.
6-8B-55 Definition of terms.
6-8B-56 Issuance of credit enhancement obligation--Conditions.
6-8B-57 Debt service reserve fund or credit facility.
6-8B-58 Issuance of credit enhancement obligation--Findings and determinations of chapter 1-16A.
6-8B-59 Referendum.
6-8B-60 Form of covenants or pledges.
6-8B-61 Agreements with health and educational facilities authority or other financial institution entered into by state entities.
6-8B-62 Credit enhancement obligations irrepealable until fully paid.
6-8B-63 Determination by governing body on limitations conclusive absent fraud or abuse.
6-8B-64 Ad valorem taxes--Limit.
6-8B-65 Agreements with health and educational facilities authority or other financial institution entered into by municipality or county--Provisions--Interest deemed perfected.
6-8B-66 Aggregate indebtedness of municipality or county--Limit--Calculation.
6-8B-67 Tax or revenue anticipation notes--Limit.
6-8B-68 Obligation subject to provisions of §§ 6-8B-9 to 6-8B-22, inclusive.
6-8B-1. Definitions.
Terms used in this chapter, unless the context otherwise plainly requires, mean:
(1) "Bond," any obligation for the payment of a specified sum of money at a specified future date, for the repayment of money borrowed by a public body, issued by a public body pursuant to authority granted in any law, including but not limited to revenue bonds, assessment bonds, and general obligation bonds;
(2) "Clerk," the clerk, auditor, finance officer, business manager, secretary, or other recording or financial officer of a public body;
(3) "Federal securities," the bills, certificates of indebtedness, notes, bonds, or similar obligations which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America;
(4) "Governing body," the common council, commission, board of commissioners, board of trustees, board of supervisors, board of directors, school board, or other legislative body in which the legislative powers of the public body are vested;
(5) "Ordinance or resolution," an ordinance, resolution, or other proceeding by which a governing body takes formal action and adopts legislative provisions and matters of some permanency;
(6) "Public body," any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, water user district, or improvement district;
(7) "Refunding bond," a bond which is authorized to be issued pursuant to §§ 6-8B-30 to 6-8B-52, inclusive.
Source: SL 1984, ch 43, § 1; SL 1990, ch 52, § 1.
6-8B-2. Election required for issuance.
Unless otherwise provided, no bonds may be issued either for general or special purposes by any public body unless at an election sixty percent of voters of the public body voting upon the question vote in favor of issuing the bonds. The election shall be held in the manner described by law for other elections of the public body.
Source: SL 1984, ch 43, § 2.
6-8B-3. Resolution or ordinance declaring necessity of bond issue--Contents--Election.
If it is determined by the governing body to be necessary or expedient for any public body to issue its bonds the governing body at a regular meeting thereof or a special meeting duly called may by resolution or ordinance declare the necessity thereof and may submit the question of the issuance of bonds to the voters of the public body at any annual election or at a special election called for that purpose. The resolution or ordinance shall set forth clearly the purpose for which the bonds are to be issued and the maximum amount of the bonds. The resolution or ordinance may also include the maximum rate of interest which they draw, and the maximum time within which they shall become due and payable or other matters the governing body determines relevant to the bond issue.
Source: SL 1984, ch 43, § 3.
6-8B-4. Notice of election.
The governing body shall publish notice of the election once each week for two consecutive weeks in all official newspapers designated by the public body or if there is no official newspaper, a newspaper of general circulation serving the public body. The second notice shall be published not less than four nor more than ten days before the election.
The notice shall state the maximum amount of bonds to be issued, the purpose for which bonds are to be issued, and other matters the governing body determines to be necessary.
Source: SL 1984, ch 43, § 4; SL 2008, ch 34, § 1.
6-8B-5. Ballot form.
The ballots shall have printed thereon substantially the same language as is included in the notice of election, and there shall be printed the words "Shall the above proposition be approved and the bonds issued?" with the words "Yes" and "No" printed immediately at the left thereof, each preceded by a square or circle wherein the voter shall make a cross (x) or check mark () before the word "Yes" for voting in favor of the proposition, or a cross (x) or check mark () in the square or circle before the word "No" for voting against the same.
Source: SL 1984, ch 43, § 5.
6-8B-6. Improvement--Authorization of bonds for purchase or construction--Expenditures authorized.
The question of the issuance of bonds for the purchase or the construction of any building, facility, or improvement may be treated and submitted as a single proposition, and the governing body may determine, if bonds are authorized, whether the purchase or the construction thereof will better serve the interests of the public body. The authorization of bonds for the purpose of purchase or construction of any building, facility, or improvement includes the authorization to expend the proceeds for any equipment and furnishings, the purchase of any land, and the payment of all fees and expenses reasonably necessary to complete the building, facility, or improvement for the purpose intended. Expenditures for the above purposes need not be included in any annual appropriation ordinance of the public body.
Source: SL 1984, ch 43, § 6.
6-8B-7. School, street, or utility improvements--Authorization of bonds.
The question of the issuance of bonds for the purchase, construction, or improvements to school buildings, streets, or to any plant and distribution system owned and operated by the public body for the furnishing of utility services may be submitted as a single proposition, without specification of the amount to be expended on each improvement.
Source: SL 1984, ch 43, § 7.
6-8B-8. Issuance of bonds on approval by voters.
If the requisite percentage of the voters cast their vote in favor of a bond issue, the governing body without further act may issue bonds to the amount voted for and sell and negotiate the same.
Source: SL 1984, ch 43, § 8.
6-8B-9. Issuance, form, and terms of bonds.
Bonds may be issued in one or more series, may bear the date or dates and mature at the time or times and in the amounts as the governing body may provide, except that no bond may mature more than fifty years from the date of its issue. The bonds may bear interest at the rate or rates, payable on the date or dates, may be issued in the denominations, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places within or without the state, and be subject to redemption, prior to maturity, at the times and prices as the governing body may provide. Bonds may be issued in registered form and shall be so issued when necessary under federal law and regulations as a condition for the exemption of the interest thereon from federal income taxation; or otherwise may be issued in bearer form, with coupons attached representing the interest payable thereon, or may be issued in form permitting registration of ownership of principal only.
Source: SL 1984, ch 43, § 9.
6-8B-10. Public or private sale--Notice and procedure for public sale.
The governing body may sell its bonds at a public or private sale at the price or prices the governing body determines. If the governing body determines to sell bonds at a public sale, no bonds may be sold until the sale has been advertised once a week for at least two successive weeks the first publication being at least ten days before the sale in the official newspaper of the public body, and if directed by the governing body, in any other newspaper or publication. The notice of sale shall describe the bond issue, the time and place of sale, the method of competitive bidding, which method may describe different forms or alternative forms of bids, and the place where bids will be received.
Source: SL 1984, ch 43, § 10.
6-8B-11. Single issue of bonds separately approved.
Bonds separately voted for two or more purposes may be sold and delivered as a single issue if the governing body determines.
Source: SL 1984, ch 43, § 11.
6-8B-12. Interest rate.
The maximum allowable interest rate for bonds issued by a public body may be whatever rate the governing body prescribes.
Source: SL 1984, ch 43, § 12.
6-8B-13. Disposition of proceeds.
The proceeds derived from the sale of any bonds shall be kept as a special fund apart from the other funds of the public body and shall be used exclusively for the purpose for which the bonds were issued.
Source: SL 1984, ch 43, § 13.
6-8B-14. Negotiable investment security status.
All bonds issued by any public body are negotiable investment securities within the meaning of chapter 57A-8.
Source: SL 1984, ch 43, § 14.
6-8B-15. Powers as issuer of negotiable investment securities.
The governing body of each public body may do all acts permitted or required of issuers of negotiable investment securities under chapter 57A-8, including but not limited to, the issuance of bonds in registered form and the registration, exchange, and transfer of ownership thereof on the books of the public body.
Source: SL 1984, ch 43, § 15.
6-8B-16. Agents for authentication, transfer, registration, payment, and other functions--Central depository system.
A governing body may appoint for a term as may be agreed, including for so long as a registered bond may be outstanding, corporate or other authenticating agents, transfer agents, registrars, paying or other agents, located within or without the state, and specify the terms of their appointment, including their rights, their compensation and duties, limits upon their liabilities and provisions for their payment of liquidated damages in the event of breach of certain of the duties imposed, which liquidated damages may be made payable to the issuer, the owner or a financial intermediary. Any bank or trust company appointed as an agent under this section shall comply with §§ 51A-5-7 to 51A-5-10, inclusive. A governing body may agree with custodian banks and financial intermediaries, and nominees of any of them, in connection with the establishment and maintenance by others of a central depository system for the transfer or pledge of registered bonds. Any custodian banks and financial intermediaries, and nominees, may, if qualified and acting as fiduciaries, also serve as authenticating agents, transfer agents, registrars, paying or other agents of the issuer with respect to the same issue of registered public securities. Nothing precludes the governing body through its clerk from itself performing, either alone or jointly with other governing bodies, any transfer, registration, authentication, payment, or other function described in this section.
Source: SL 1984, ch 43, § 16.
6-8B-17. Authentication of bonds--Signatures--Seal.
No bond issued in registered form, whether initially or upon registration of transfer or exchange, is valid or effective for any purpose unless a certificate of authentication is executed thereon by the registrar, by the manual signature of its authorized representative. Any registered bond may be executed by facsimile signatures, printed or otherwise reproduced thereon, of any officers or other persons who are authorized or required by law to execute the same, or to execute any certification or countersignature thereon, and who have manually signed and filed with the registrar an authorization for the use of facsimile signatures, whether or not they have ceased to hold office before the authentication or delivery of the bond. Every bearer bond shall be manually signed on its face by at least one officer of the public body, or by an authorized representative of a banking institution designated by the governing body as authenticating agent but other signatures on the bond and any coupon pertaining to it may be facsimiles of manual signatures filed with the clerk. The corporate seal, if any, of the public body may but need not be affixed to any bond, or a facsimile of the corporate seal may but need not be printed thereon.
Source: SL 1984, ch 43, § 17.
6-8B-18. Registration books--Disclosure of information.
The registration books maintained on behalf of any public body by the clerk or registrar shall not be open to inspection or copying by the general public, and no registrar, officer, or member of the governing body shall disclose information contained therein except in the following cases:
(1) If specifically provided otherwise by state or by federal law or regulations;
(2) If directed by judicial order;
(3) If requested by authorized representatives of the secretary of revenue or attorney general or the commissioner of Internal Revenue of the United States for the purpose of ascertaining the application of any estate, inheritance, or other tax on bonds or the interest thereon;
(4) If determined by the registrar to be necessary for the registration of ownership, transfer, or exchange of bonds in accordance with chapter 57A-8.
Source: SL 1984, ch 43, § 18.
6-8B-19. Information filed with secretary of state by issuer.
Every public body, authority, or agency issuing any general obligation, revenue, improvements, industrial revenue, special assessment, or other bonds of any type, shall, on forms provided by the secretary of state, file with the secretary of state, the following information concerning each issue of bonds:
(1) Name of issuer;
(2) Designation of issue;
(3) Date of issue;
(4) Purpose of issue;
(5) Type of bond;
(6) Principal amount and denomination of bond;
(7) Paying dates of principal and interest;
(8) Amortization schedule;
(9) Interest rate or rates, including total aggregate interest cost.
Source: SL 1984, ch 43, § 19.
6-8B-20. Costs of issuance and sale.
Costs incidental to the issuance and sale of bonds under this chapter may be paid by the purchaser or defrayed from the general fund of the public body, from the proceeds of bonds, from the interest or other yield derived from the investment of the proceeds or from other sources legally available to the public body.
Source: SL 1984, ch 43, § 20.
6-8B-21. Signature by resident attorney.
All bonds of every nature issued by any public body, authority, or agency shall be countersigned by an attorney actually residing in the State of South Dakota and duly licensed to practice therein.
Source: SL 1984, ch 43, § 21.
6-8B-22. Invalidity of bonds without attorney's signature.
If the bonds are not countersigned as provided by § 6-8B-21, the bonds shall be void and unenforceable.
Source: SL 1984, ch 43, § 22.
6-8B-23. Notice of redemption.
If any bonds become prepayable under any option or provision therein contained, notice of the call for redemption may be made by publication once a week for two consecutive weeks in a newspaper of general circulation serving the public body and, if directed by the governing body, in any other newspaper or publication. Alternatively, the notice may be given by mailing it to the place where the bonds are payable and to the holder of each bond to be redeemed, if the holder's name and address is known. The notice of redemption shall contain a description of the bonds to be redeemed and the redemption date and shall state that on the redemption date, not less than thirty days after the date of the first publication or the mailing of the notice, all interest on the bonds shall cease.
Source: SL 1984, ch 43, § 23.
6-8B-24. Replacement of lost, stolen, or destroyed bonds.
The replacement of lost, destroyed, and stolen bonds issued by a public body shall be handled in the manner provided by chapter 57A-8.
Source: SL 1984, ch 43, § 24.
6-8B-25. Tax exemption.
All bonds issued by any public body pursuant to this chapter, their transfer, and the income therefrom, are free from taxation within the State of South Dakota, except for taxes imposed upon financial institutions under chapter 10-43.
Source: SL 1984, ch 43, § 51; SL 2021, ch 34, § 1.
6-8B-26. Anticipation notes--When issuance authorized.
When all conditions precedent to the offering for sale of bonds of a public body in any amount and for any authorized purpose have been satisfied, the governing body may, by resolution, issue and sell notes in anticipation of the issuance of the bonds in the manner and subject to the limitations set forth in §§ 6-8B-26 to 6-8B-29, inclusive.
Source: SL 1984, ch 43, § 24A.
6-8B-27. Anticipation notes--Amount--Term.
Bond anticipation notes may be issued in a principal amount not exceeding the authorized principal amount of the bonds in anticipation of which the notes are to be issued. Such notes shall mature not later than three years after their date of issue.
Source: SL 1984, ch 43, § 24B.
6-8B-28. Anticipation notes--Payment--Issuance of bonds required--Exchange--Redemption.
Any amount of the principal of or interest on any bond anticipation notes which cannot be paid at maturity from any other funds which are properly available and appropriated by the governing body for that purpose shall be paid from the proceeds of the bonds in anticipation of which the notes were issued. The public body shall be obligated to issue and sell such bonds on or before the maturity date of the bond anticipation notes. The holders of bond anticipation notes shall have the right to require the offering of such bonds for sale, and, in the event such bonds are not sold on or before the maturity date of the notes, the holders of the notes shall have the right to require such bonds to be issued to them in exchange for the notes, by lot, on a par for par basis. In the event of any such exchange, the bonds so issued shall bear interest at the maximum rate permitted in the proceedings authorizing their issuance, shall mature serially over the maximum number of years permitted in the proceedings authorizing their issuance, and shall be subject to redemption on any interest payment date without penalty. Thereafter, whenever there is a sufficient amount of money in the sinking fund established for the bonds to prepay and redeem one or more bonds the public body shall prepay and redeem such bond or bonds on the next succeeding interest payment date for which notice of redemption can be duly given.
Source: SL 1984, ch 43, § 24C.
6-8B-29. Anticipation notes--Bond provisions applicable.
The provisions of §§ 6-8B-9 to 6-8B-24, inclusive, shall apply to any bond anticipation notes issued pursuant to this chapter.
Source: SL 1984, ch 43, § 24D.
6-8B-30. Refunding bonds without election--Purposes.
Any bonds may be refunded, whether or not the bonds have matured or are then subject to redemption, by the public body which issued them, or any successor thereof, in the name of the public body which issued the bonds being refunded, without an election, except as provided in § 6-8B-40, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, for any one or more of the following purposes:
(1) For the purpose of extending the maturity date of all or any part of any outstanding bonds for which payment is in arrears, or for which there is not, or it is certain that there will not be, sufficient money to pay the principal or interest on the outstanding bonds as they respectively become due;
(2) For the purpose of reducing debt service costs or affecting other economies;
(3) For the purpose of reorganizing all or any part of the outstanding bonds of a public body in relation to the resources available for their payment; or
(4) To relieve the public body of restrictions imposed by covenants with respect to the bonds being refunded.
Source: SL 1974, ch 54, § 3; SDCL Supp, § 6-8A-2; SL 1984, ch 43, § 25.
6-8B-32. Voluntary surrender required to refund bonds not maturing or callable for twenty-five years--Provision for payment.
No bonds may be refunded unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within twenty-five years from the date of issuance of the refunding bonds. Provision shall be made for paying the bonds being refunded within the period of time.
Source: SL 1974, ch 54, § 5; SDCL Supp, § 6-8A-5; SL 1984, ch 43, § 27.
6-8B-33. Approvals required for refunding bonds of issuer divided into other public bodies.
If a public body having outstanding indebtedness has been divided and parts thereof are included within two or more other public bodies, by any lawful means, the refunding of the bonds requires affirmative action by a majority of the members of the governing bodies of each of the public bodies within which any part of the area of the public body which is being lawfully taxed to pay the outstanding indebtedness is then included, except as provided in § 6-8B-34.
Source: SL 1974, ch 54, § 15; SDCL Supp, § 6-8A-6; SL 1984, ch 43, § 28.
6-8B-34. Refunding after detachment of land from issuer.
Notwithstanding § 6-8B-33, the indebtedness of any public body outstanding at the time part or parts of the public body are detached therefrom by any lawful means and which public body has retained its lawful corporate existence after the detachment of the land from the public body may be refunded by action of the governing body of the public body from which land has been detached with or without concurrence or action by the governing board of the public body, if any, within which the detached land is included.
Source: SL 1974, ch 54, § 15; SDCL Supp, § 6-8A-7; SL 1984, ch 43, § 29.
6-8B-35. Maximum amount of refunding bonds.
The principal amount of the refunding bonds may not exceed the amount necessary to retire the refunded bonds with interest, pursuant to § 6-8B-46, or, as to crossover refunding bonds, pursuant to §§ 6-8B-53 and 6-8B-54, plus any costs or expenses associated with the refunding and the issuance of the refunding bonds.
Source: SL 1974, ch 54, § 5; SDCL Supp, § 6-8A-8; SL 1984, ch 43, § 30; SL 1987, ch 66, § 3.
6-8B-36. Maximum aggregate indebtedness of issuer.
No refunding bond may cause a public bodies' aggregate amount of indebtedness to exceed the maximum allowable constitutional or statutory provisions, if any, applicable to the public body.
Source: SL 1974, ch 54, § 7; SDCL Supp, § 6-8A-9; SL 1984, ch 43, § 31.
6-8B-37. Bonds not included in computation of aggregate indebtedness.
In computing the aggregate amount of indebtedness of any public body for the purposes of § 6-8B-36, bonds which have been refunded, as provided in this chapter, by immediate payment or prior redemption and retirement or by the placement of the proceeds of refunding bonds or investments thereof in escrow, are not deemed outstanding indebtedness as of the date on which sufficient moneys are placed with the paying agent of the outstanding bonds for the purpose of immediately paying, or redeeming and retiring the bonds, or as of the date on which the proceeds of the refunding bonds or investments thereof are placed in an escrow.
Source: SL 1974, ch 54, § 7; SDCL Supp, § 6-8A-9; SL 1984, ch 43, § 32.
6-8B-38. Combining outstanding issues for refunding--Combining refunding and other purposes--Issue in series.
Subject to §§ 6-8B-39 to 6-8B-41, inclusive, a public body may issue refunding bonds to refund one or more or any part of one or more or all issues of its bonds which are outstanding and refunding bonds and bonds authorized for any other purpose or purposes may be issued separately or issued in combination in one series or more by any public body.
Source: SL 1974, ch 54, § 6; SDCL Supp, § 6-8A-11; SL 1984, ch 43, § 33.
6-8B-39. Bonds payable from different sources--Refunding by single issue prohibited.
No two or more issues or parts of issues of outstanding bonds may be refunded by a single issue of refunding bonds unless all of the outstanding bonds are payable from the same fund or source.
Source: SL 1984, ch 43, § 34A.
6-8B-40. Refunding bonds not payable from same source as bonds being refunded--Election required.
No outstanding bonds may be refunded by an issue of refunding bonds unless either the outstanding bonds and the refunding bonds are payable from the same fund or source or the question of the issuance of the refunding bonds is submitted to and approved by the voters of the public body in accordance with §§ 6-8B-2 to 6-8B-8, inclusive.
Source: SL 1984, ch 43, § 34B.
6-8B-41. Combinations subject to more than one debt limit prohibited.
No two or more issues or parts of issues of outstanding bonds or refunding bonds authorized for any other purpose or purposes may be combined in one issue where more than one constitutional or statutory debt limitation is applicable to the combination.
Source: SL 1974, ch 54, § 6; SDCL Supp, § 6-8A-13; SL 1984, ch 43, § 35.
6-8B-42. Issuance and sale of refunding bonds.
In addition to the provisions of §§ 6-8B-30 to 6-8B-52, inclusive, all refunding bonds shall be issued and sold in accordance with the provisions of §§ 6-8B-9 to 6-8B-24, inclusive.
Source: SL 1984, ch 43, § 37.
6-8B-43. Conclusiveness of determination that limitations have been met.
The determination by a governing body that all the limitations imposed upon the issuance of refunding bonds have been met is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
Source: SL 1974, ch 54, § 14; SDCL Supp, § 6-8A-17; SL 1984, ch 43, § 39.
6-8B-44. Recital of authority for issuance--Incontestability after delivery for value.
Any resolution, ordinance, or other instrument may provide that each refunding bond shall recite that it is issued pursuant to this chapter. The recital shall conclusively impart full compliance with §§ 6-8B-30 to 6-8B-52, inclusive. All refunding bonds issued containing the recital are incontestable for any cause whatsoever after their delivery for value.
Source: SL 1974, ch 54, § 12; SDCL Supp, § 6-8A-18; SL 1984, ch 43, § 40.
6-8B-45. Exchange or sale.
Any refunding bonds may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold at a price and in the manner determined by the governing body, in accordance with § 6-8B-10.
Source: SL 1974, ch 54, § 8; SDCL Supp, § 6-8A-23; SL 1984, ch 43, § 43.
6-8B-46. Disposition of proceeds of sale--Escrow.
The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow in any financial institution within or without the state which has trust powers, and has complied with the applicable provisions of §§ 51A-5-7 to 51A-5-10, inclusive, to be applied to the payment of the bonds being refunded upon their presentation therefor.
Source: SL 1974, ch 54, § 10; SDCL Supp, § 6-8A-24; SL 1984, ch 43, § 44.
6-8B-47. Escrow including other funds.
The public body may appropriate to any escrow established under § 6-8B-46, any other moneys available for the purpose, including moneys on hand in the sinking fund for the refunded bonds.
Source: SL 1974, ch 54, § 10; SDCL Supp, § 6-8A-25; SL 1984, ch 43, § 45.
6-8B-48. Investment of escrow funds--Amount required in escrow--Appropriation--Verification.
Moneys deposited in any escrow, established under § 6-8B-46, may be invested in federal securities and such investments, together with any interest or other yield to be derived from any such investments and any moneys not invested, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom, to pay the principal of, premium, if any, and interest on the bonds being refunded as such become due at their respective maturities or due at any designated prior redemption date or dates, if called for redemption. The moneys and investments in such escrow account shall be irrevocably appropriated to the payment of the principal of, premium, if any, and interest on the refunded bonds. The computations made in determining the sufficiency of the escrow shall be verified by a certified public accountant licensed or authorized to practice in this state.
Source: SL 1974, ch 54, § 10; SDCL Supp, §§ 6-8A-25, 6-8A-26; SL 1984, ch 43, § 46.
6-8B-49. Purchaser not responsible for application of proceeds.
No purchaser of any refunding bond is responsible for the application of the proceeds thereof by the issuer or any of its officers, agents, or employees.
Source: SL 1974, ch 54, § 10; SDCL Supp, § 6-8A-27; SL 1984, ch 43, § 47.
6-8B-50. Disposition of accrued interest and premiums received on sale.
Any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon, the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, or may be used to defray incidental costs, or applied to the payment of the bonds being refunded, or deposited in an escrow, established pursuant to § 6-8B-46, as the governing body determines.
Source: SL 1974, ch 54, § 10; SDCL Supp, § 6-8A-28; SL 1984, ch 43, § 48.
6-8B-51. Outstanding bonds unaffected.
Sections 6-8B-30 to 6-8B-52, inclusive, have no effect on the legality of any outstanding bond issued for refunding or other purposes pursuant to any other law.
Source: SL 1984, ch 43, § 56.
6-8B-52. Chapter of full authority--Additional to other laws.
Sections 6-8B-30 to 6-8B-52, inclusive, without reference to other statutes of the state, except as herein otherwise specifically provided, constitute full authority for the authorization and issuance of refunding bonds. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts authorized to be done may be construed as applying to any proceedings taken pursuant to this chapter, except as otherwise provided. The powers conferred by §§ 6-8B-30 to 6-8B-52, inclusive, are in addition and supplemental to, and not a substitution for, and the limitations imposed by §§ 6-8B-30 to 6-8B-52, inclusive, do not affect the powers conferred by any other law except as otherwise provided herein.
Source: SL 1974, ch 54, § 19; SDCL Supp, § 6-8A-37; SL 1984, ch 43, § 57.
6-8B-53. Issuance of crossover refunding bonds--Deposit of proceeds in debt service fund--Maintenance of fund--Taxes levied and appropriated for payment of refunding bonds.
Crossover refunding bonds may be issued by a public body without regard to the limitations in §§ 6-8B-46 and 6-8B-48. The proceeds of crossover refunding bonds less any proceeds applied to payment of the costs of their issuance, shall be deposited in a debt service fund irrevocably appropriated to the payment of principal of and interest on the refunding bonds until the date the proceeds are applied to payment of the bonds to be refunded. The debt service fund shall be maintained as an escrow account with a suitable financial institution within or without the state, which has trust powers and which has complied with the applicable provisions of §§ 51A-5-7 to 51A-5-10, inclusive, and amounts in it shall be invested in securities described in this section. Excess proceeds, if any, of the tax levy made with respect to the bonds to be refunded, and any other available amounts, may be deposited in the escrow account. In the resolution authorizing the issuance of crossover refunding bonds, the governing body may pledge to their payment any source of payment of the bonds to be refunded. In the case of general obligation bonds, taxes shall be levied and appropriated to the debt service fund in the amounts needed, together with estimated investment income of the debt service fund and any other revenues available upon discharge of the bonds refunded, to pay when due the principal of and interest on the refunding bonds. The levy so imposed may be reduced by earnings to be received from investments on hand in the debt service fund to the extent the applicable recording officer certifies to the county auditor that the earnings are expected to be received in amounts and at such times as to be sufficient, together with the remaining levy, to satisfy the purpose of the levy. Any taxes levied for the payment of principal of or interest on the bonds to be refunded shall continue until all of the bonds to be refunded have been fully paid.
Source: SL 1987, ch 66, § 1.
6-8B-54. Securities purchased for debt service fund limited.
Securities purchased for the debt service fund shall be limited to:
(1) General obligations of the United States, securities whose principal and interest payments are guaranteed by the United States, and securities issued by the following agencies of the United States: banks for cooperatives, federal home loan banks, federal intermediate credit banks, federal land banks, and the federal national mortgage association; or
(2) Obligations issued or guaranteed by any state or any political subdivision of a state, which at the date of purchase are rated the highest or the next highest rating given by Standard and Poor's Corporation, Moody's Investors Service, or a similar nationally recognized rating agency, but not less than the rating on the refunded bonds immediately prior to the refunding.
Source: SL 1987, ch 66, § 2.
6-8B-55. Definition of terms.
Terms used in §§ 6-8B-56 to 6-8B-69, inclusive, mean:
(1) "Credit enhancement obligation," an agreement, instrument, or other arrangement described in §§ 6-8B-56 to 6-8B-69, inclusive, 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 estimated by the municipality or county to be 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 qualified nonprofit corporation which owns or operates a hospital in South Dakota;
(2) "Qualified nonprofit corporation," a nonprofit corporation which owns or operates a hospital which provides or intends to provide services to all or a portion of the residents of a municipality or county which proposes to issue a credit enhancement obligation.
Source: SL 1992, ch 3, § 4.
6-8B-56. Issuance of credit enhancement obligation--Conditions.
The governing body of any municipality or county may authorize the issuance of a credit enhancement obligation upon compliance with the requirements of this section and chapter 1-16A. The governing body shall find and determine that:
(1) The credit enhancement obligation will serve as a public purpose of such municipality or county by promoting the public health, welfare, or safety of residents of the municipality or county by permitting or assisting a qualified nonprofit corporation to borrow money at rates, for a term or in amounts not otherwise available to such corporation;
(2) The purpose of the borrowing by a qualified nonprofit corporation is to finance or refinance real or personal property or other costs incurred by or on behalf of a qualified nonprofit corporation for the purpose of providing hospital services within the State of South Dakota; and
(3) The reasonably anticipated revenues of the qualified nonprofit corporation and any other available amounts or revenues are expected to be sufficient to pay debt service when due with respect to bonds or other obligations to be secured by the credit enhancement obligation.
Source: SL 1992, ch 3, § 5.
6-8B-57. Debt service reserve fund or credit facility.
If a municipality or county determines that it is not precluded by any applicable law or regulation which may govern the exclusion of interest on the bonds or other obligations from federal income taxation, the terms and conditions applicable to the borrowing by the qualified nonprofit corporation shall include a debt service reserve fund or account or similar arrangement or credit facility as shall be approved by the health and educational facilities authority in an amount approximately equal to maximum annual debt service on the bonds or other obligations to be secured by the credit enhancement obligation.
Source: SL 1992, ch 3, § 6.
6-8B-58. Issuance of credit enhancement obligation--Findings and determinations of chapter 1-16A.
Any resolution or ordinance of a municipality or county approving the issuance of a credit enhancement obligation shall require that the health and educational facilities authority make the findings and determinations required by chapter 1-16A with respect to the credit enhancement obligation prior to the issuance and delivery of the credit enhancement obligation and the bonds or other obligations to be secured thereby.
Source: SL 1992, ch 3, § 7.
6-8B-59. Referendum.
Approval of an ordinance or resolution approving a credit enhancement obligation shall be subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days after such approval, to have the question of approval or disapproval of the credit enhancement obligation placed upon the ballot at the next regular election or at a special election called for such purpose. Except as may be required by a petition for referendum described in the preceding sentence, no election is required to authorize the issuance, delivery, or enforcement of a credit enhancement obligation by a county or municipality.
Source: SL 1992, ch 3, § 8.
6-8B-60. Form of covenants or pledges.
In a resolution setting forth the findings and determinations required by §§ 6-8B-56 to 6-8B-59, inclusive, a governing body may authorize the issuance of a credit enhancement obligation which may be in the form of one or more of the following covenants or pledges:
(1) The governing body may covenant that if at any time the revenues and other sums pledged to pay debt service with respect to the bonds or other obligations to be secured by the credit enhancement obligation are for any reason insufficient for such purpose, the governing body shall levy a general ad valorem tax on all taxable property within the jurisdiction of the municipality or county which issues such credit enhancement obligation for the payment of any such deficiency;
(2) The governing body may covenant that if at any time the revenues and other sums pledged to pay debt service with respect to the bonds or other obligations to be secured by the credit enhancement obligation are for any reason insufficient for such purpose, the governing body shall levy a non-ad valorem sales tax pursuant to chapter 10-52 or any successor statute and pledge all or a portion of the amounts collected therefrom for the payment of any such deficiency or, if such non-ad valorem sales tax has been or will already be so levied, the governing body shall pledge all or a portion of the amounts collected therefrom for the payment of any such deficiency; or
(3) The governing body may covenant that if any time the revenues and other sums pledged to pay such debt service with respect to the bonds or other obligations to be secured by the credit enhancement obligation are for any reason insufficient for such purpose, the governing body shall collect and apply any other identified source of revenues now or hereafter available to the municipality or county which issues such credit enhancement obligation for the payment of any such deficiency.
Source: SL 1992, ch 3, § 9.
6-8B-61. Agreements with health and educational facilities authority or other financial institution entered into by state entities.
The State of South Dakota and any of its agencies, boards, authorities, departments, and commissions may enter into agreements or other arrangements with the health and educational facilities authority or any financial institution in order to effectuate or implement any pledge or other covenant described in § 6-8B-60.
Source: SL 1992, ch 3, § 10.
6-8B-62. Credit enhancement obligations irrepealable until fully paid.
Upon the issuance and sale of bonds or other obligations secured by a credit enhancement obligation, any pledge or covenant made relating to such bonds or other obligations pursuant to a resolution or ordinance described in § 6-8B-60 and any agreement or other arrangement made pursuant to § 6-8B-61 shall be irrepealable until such time as such bonds or other obligations are fully paid with interest thereon in the manner described by the documents governing such bonds or other obligations.
Source: SL 1992, ch 3, § 11.
6-8B-63. Determination by governing body on limitations conclusive absent fraud or abuse.
The determination by a governing body that all of the limitations imposed upon the issuance of a credit enhancement obligation have been met is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
Source: SL 1992, ch 3, § 12.
6-8B-64. Ad valorem taxes--Limit.
Any ad valorem taxes levied pursuant to subdivision 6-8B-60(1) may not exceed the amount of the anticipated deficiency by more than five percent, but may not be subject to any other statutory limitation of rate or amount applicable to other taxes levied or collected by the municipality or county which issues such credit enhancement obligation.
Source: SL 1992, ch 3, § 13.
6-8B-65. Agreements with health and educational facilities authority or other financial institution entered into by municipality or county--Provisions--Interest deemed perfected.
In connection with the authorization and issuance of a credit enhancement obligation, any municipality or county may enter into one or more agreements or other arrangements with the health and educational facilities authority or any financial institution acting as trustee or paying agent for bonds or other obligations secured by the credit enhancement obligation for the purpose of implementing the provisions of §§ 6-8B-55 to 6-8B-69, inclusive. Such agreement may contain such provisions as the authority deems necessary and may provide that the financial institution may act as trustee or paying agent for the benefit of and on behalf of the authority and be held accountable as the trustee of an express trust for the application and disposition of the amounts and other funds pledged by any municipality or county pursuant to the provisions of §§ 6-8B-55 to 6-8B-69, inclusive, including the income and proceeds therefrom, solely for the uses and purposes as provided in the agreement. No filing, recording, possession, or other action under the uniform commercial code or any other law of this state may be required to perfect the security interest of the authority or any such financial institution in and to the credit enhancement obligation and amounts payable thereunder. The security interest of the authority and any such financial institution acting shall, for all purposes, be deemed perfected for the benefit of the authority, the financial institution and any holders of bonds or other obligations issued in connection therewith on and after the time of the adoption of the resolution or ordinance making the pledge against all parties having prior unperfected or subsequent security interests or claims of any kind in tort, in contract, or otherwise.
Source: SL 1992, ch 3, § 14.
6-8B-66. Aggregate indebtedness of municipality or county--Limit--Calculation.
No credit enhancement obligation may cause the aggregate amount of indebtedness of the municipality or county which issues such credit enhancement obligation to exceed the maximum allowable constitutional or statutory provisions, if any, applicable to such municipality or county. In computing the aggregate amount of indebtedness of any municipality or county which issues the credit enhancement obligation as provided in this chapter, there shall be included as indebtedness the unpaid principal amount of the outstanding bonds or other obligations secured by the credit enhancement obligation less any amounts on deposit with the health and educational facilities authority or any financial institution acting as trustee, paying agent, or in any other fiduciary capacity with respect to such obligations.
Source: SL 1992, ch 3, § 15.
6-8B-67. Tax or revenue anticipation notes--Limit.
If a municipality or county is required to or reasonably anticipates that it will be required to make payments on or with respect to a credit enhancement obligation, it may issue tax or revenue anticipation notes in the anticipated amounts of such required payments provided that the principal and interest payable with respect to any such anticipation notes may not exceed the amount of taxes or other fees, funds, revenues, or other amounts anticipated to be received on or before the date or dates on which principal and interest shall be payable on the anticipation notes.
Source: SL 1992, ch 3, § 16.
6-8B-68. Obligation subject to provisions of §§ 6-8B-9 to 6-8B-22, inclusive.
A credit enhancement obligation, any agreement related thereto and any anticipation note authorized by § 6-8B-67 shall be authorized, issued and sold as provided in, and shall be subject to the provisions of §§ 6-8B-9 to 6-8B-22, inclusive.
Source: SL 1992, ch 3, § 17.
6-8B-69. Exemption from registration under chapter 47-31B.
Any credit enhancement obligation, any agreement or other arrangement related thereto, and any anticipation note authorized hereunder shall be exempt from registration under chapter 47-31B.
Source: SL 1992, ch 3, § 18; SL 2004, ch 278, § 57.
6-9-1
Repealed.
6-9-2
Repealed.
6-9-3
Repealed.
6-10-1
Incorporation or dissolution not effective until notice filed with secretary of state.
6-10-2
Form of notice filed with secretary of state--Articles or order.
6-10-3
Fees and tax money withheld from noncomplying subdivisions.
6-10-1. Incorporation or dissolution not effective until notice filed with secretary of state.
No political subdivision of the State of South Dakota may legally be incorporated or dissolved until notice of such incorporation or dissolution has been filed in the Office of the Secretary of State.
Source: SL 1965, ch 266, § 1.
6-10-2. Form of notice filed with secretary of state--Articles or order.
Such notice of incorporation or dissolution shall be in the form of a certified copy of the articles of incorporation, where applicable; or a certified copy of an order of incorporation or an order of dissolution issued by a court of competent jurisdiction or a board or commission authorized by law to effect such incorporation or dissolution.
Source: SL 1965, ch 266, § 2.
6-10-3. Fees and tax money withheld from noncomplying subdivisions.
No fees or reversions of tax money, authorized by law, shall be made to any subdivision of state government until the provisions of this chapter have been fully complied with by the subdivisions involved.
Source: SL 1965, ch 266, § 3.
6-12-1
Expenses and cost of charter preparation and election.
6-12-2
Voting on proposal--Alternatives.
6-12-3
Alternatives proposed by board action on initiated petition.
6-12-4
Governmental structure to be established in charter.
6-12-5
Standards to be at least as stringent as state law.
6-12-6
Restrictions on power of home rule units.
6-12-7
Time of election on charter proposal by commission.
6-12-8
Special election on home rule charter--Exception.
6-12-8.1
Initiation of the action defined.
6-12-9
Preparation for election--Time of election on initiated charter.
6-12-10
Application of general election laws.
6-12-11
Filing of adopted charter with secretary of state--Violation--Effect.
6-12-12
Chapter not to invalidate prior proceedings.
6-12-13
Repealed.
6-12-14
Taxing power limited.
6-12-15
Scope of section 6-12-14.
6-12-1. Expenses and cost of charter preparation and election.
Whether initiated by the voters or provided by the governing boards, counties, and first and second class municipalities are authorized to expend from their general funds expenses in connection with the preparation and sponsorship of a charter proposal and shall pay the cost of election conducted on the question of adoption or amendment of a charter.
Source: SL 1974, ch 52, § 1; SL 1992, ch 60, § 2.
6-12-2. Voting on proposal--Alternatives.
When a governing board or a combination of governing boards propose to provide a home rule charter they may either initially submit the proposed charter to a vote or may submit to a vote the question of whether a charter should be initiated and present alternatives as issues upon the same ballot as to the composition and selection of a charter commission to draft the proposed charter.
Source: SL 1974, ch 52, § 2.
6-12-3. Alternatives proposed by board action on initiated petition.
The governing board or boards to whom an initiated petition is presented and to which a proposed charter is not attached, in addition to the question of whether or not a charter should be adopted, shall, unless the petition contains a general statement as to the petitioner's choice as to the composition and the manner of selection of a charter commission, propose alternatives as provided by § 6-12-2.
Source: SL 1974, ch 52, § 3.
6-12-4. Governmental structure to be established in charter.
A charter, to be valid, must establish therein the form of governmental structure under which the home rule unit will function.
Source: SL 1974, ch 52, § 4.
6-12-5. Standards to be at least as stringent as state law.
Neither charter nor ordinances adopted thereunder may set standards and requirements which are lower or less stringent than those imposed by state law, but they may set standards and requirements which are higher or more stringent than those imposed by state law, unless a state law provides otherwise.
Source: SL 1974, ch 52, § 5.
6-12-6. Restrictions on power of home rule units.
The power of a home rule unit does not include the power to:
(1) Enact private or civil law governing civil relationships except as incident to the exercise of an independent county or municipal power;
(2) Define and provide for the punishment of a crime, but this limitation shall not abridge the power of a home rule unit to provide punishment for the violation of ordinances or charter provisions by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months or by both such fine and imprisonment;
(3) Abridge laws relating to elementary and secondary education;
(4) Change assessment practices and procedures relating to ad valorem taxation of property;
(5) Exempt itself from providing the necessary personnel and facilities to perform services required by general law to be performed by a like unit or units of local government;
(6) Deny referendum on ordinances or bylaws provided by chapter 9-19;
(7) Regulate rates or conditions of service of any public utility regulated by the South Dakota Public Utilities Commission.
Source: SL 1974, ch 52, § 6; SL 1975, ch 283, § 56.
6-12-7. Time of election on charter proposal by commission.
When a commission has been selected or appointed to draft a proposed charter or an amendment to a charter, an election on the question must be held within one year after initiation of the proposed action.
Source: SL 1974, ch 52, § 10.
6-12-8. Special election on home rule charter--Exception.
A special election shall be called on any question involving a home rule charter unless another election is scheduled within one hundred twenty days of the initiation of the action.
Source: SL 1974, ch 52, § 8; SL 2005, ch 42, § 1.
6-12-8.1. Initiation of the action defined.
For purposes of §§ 6-12-7 and 6-12-8, an initiation of the action means the point at which the governing body or combination of governing bodies have passed a motion to either submit the proposed charter to a vote or to submit to a vote the question of whether a charter should be initiated pursuant to § 6-12-2.
Source: SL 2005, ch 42, § 2.
6-12-9. Preparation for election--Time of election on initiated charter.
If there is no scheduled election qualifying under § 6-12-8, elections will be noticed and ballots will be prepared to accommodate absentee voting under the general election law, and if it is on the question of adopting of a charter or an amendment which has been drafted and approved by the initiators, such election shall be held within sixty days after its filing.
Source: SL 1974, ch 52, § 9.
6-12-10. Application of general election laws.
Except as provided in §§ 6-12-7 to 6-12-9, inclusive, general election laws shall govern elections on questions of adoption, amendment, or repeal of a charter.
Source: SL 1974, ch 52, § 7.
6-12-11. Filing of adopted charter with secretary of state--Violation--Effect.
The person charged with the conduct of an election concerning a question on adoption of a charter or amendment thereto shall, within thirty days after the canvass and return thereon, file with the secretary of state a certified copy of a charter or amendment adopted. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor, but the failure of such person to so file shall not invalidate any election on such a question or a charter or amendment adopted pursuant thereto.
Source: SL 1974, ch 52, § 11; SL 1981, ch 43, § 1.
6-12-12. Chapter not to invalidate prior proceedings.
Nothing in this chapter shall be construed to invalidate any proceedings had before July 1, 1974, in connection with the formation or submission of any charter provision instituted prior to July 1, 1974.
Source: SL 1974, ch 52, § 12.
6-12-14. Taxing power limited.
No county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, unless otherwise specifically provided by statute, may, enact or increase, in any form a tax, fee, or charge that is: related to the state lottery; similar to a tax which provides revenues to the state; or similar to state licensing or regulatory fees enacted by statute or adopted by rule. The provisions of this section do not prohibit any tax or fee enacted and imposed on or before March 1, 1996.
Source: SL 1997, ch 42, § 1.
6-12-15. Scope of section 6-12-14.
Nothing in § 6-12-14 is intended to authorize any county, city, or other governmental unit chartered under S.D. Const., Art. IX, § 2, to enact or increase a tax, fee, or other charge that is denied by its charter, the Constitution, or the general laws of the state.
Source: SL 1997, ch 42, § 3.
CHAPTER 6-13
DISPOSAL OF SURPLUS GOVERNMENT PROPERTY
6-13-1 Disposition of surplus property.
6-13-2 Appraisal of value of surplus property--Filing of report.
6-13-3 Improvements appraised separately--Equipment and property not appraised.
6-13-4 Sale of surplus property--Notice--Exceptions.
6-13-5 Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.
6-13-5.1 Sale of property conveyed by a railroad.
6-13-5.2 Sale of government property at public auction or through broker--Offers--Notice.
6-13-6 Sale by auction--Notice by publication.
6-13-7 Persons prohibited from purchasing surplus property--Exception.
6-13-8 Deposit and credit of sale revenue.
6-13-9 Sale of real property under installment contract.
6-13-10 Acceptance of bid for installment contract.
6-13-11 Board approval of installment contract sales.
6-13-12 Full purchase price paid in cash--Execution of deed.
6-13-13 Less than full amount of purchase price in cash--Execution of contract for deed.
6-13-14 Transfer, license, or sale of computer software--Notice to board.
6-13-15 Transfer of county or municipal museum collections to certain nonprofit organizations.
6-13-16 Loaning of zoo animals.
6-13-1. Disposition of surplus property.
The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired. No motion is required to sell, trade, loan, destroy, or otherwise dispose of consumable supplies, printed text, zoo animals, or subscriptions.
Source: SL 1988, ch 64, § 1; SL 1998, ch 38, § 1; SL 2005, ch 41, § 1; SL 2012, ch 48, § 2.
6-13-2. Appraisal of value of surplus property--Filing of report.
After the governing board of a political subdivision has made a determination of surplus property pursuant to § 6-13-1, the governing board shall appoint three real property owners of the political subdivision to appraise the value of such property. Such real property owners shall file a report of the appraisal with the fiscal officer of the political subdivision. The governing board may employ a person or persons licensed by the state to do fee appraisals in lieu of the property owners conducting an appraisal pursuant to this section.
Source: SL 1988, ch 64, § 2; SL 1989, ch 60.
6-13-3. Improvements appraised separately--Equipment and property not appraised.
Any improvements on land shall be appraised separately from the land. Equipment or supplies which are to be traded for other property, property which is to be destroyed, property which is to be transferred to another political subdivision pursuant to § 6-5-1, property being sold which was created as a result of an educational program in a school and property which is to be sold at public auction need not be appraised pursuant to this chapter.
Source: SL 1988, ch 64, § 3.
6-13-4. Sale of surplus property--Notice--Exceptions.
Any surplus property appraised pursuant to § 6-13-2 at two thousand five hundred dollars or less or any animal owned by a municipality for a zoo may be sold by the governing board at a private or public sale without notice. The governing board of the political subdivision shall give notice of the sale of all other surplus property by publishing a notice of the sale at least twice, with the first publication not less than ten days prior to the date of the sale. The first publication must be in the official newspapers of the political subdivision and the second publication may be in any legal newspaper of the state chosen by the governing board of the political subdivision. If the political subdivision has no official newspaper, the first publication must be made in a legal newspaper with general circulation in the area, to be selected by the governing board of the political subdivision. The notice shall describe the property to be sold and the time when bids will be opened. The governing board may open the bids or may designate an official and a witness to open all bids prior to the meeting of the governing board and shall state such in the notice of sale. Property to be transferred to another political subdivision pursuant to § 6-5-1 need not be advertised.
Source: SL 1988, ch 64, § 4; SL 1990, ch 48, § 2; SL 1990, ch 53; SL 1992, ch 50; SL 1997, ch 43, § 1; SL 2024, ch 24, § 1.
6-13-5. Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.
Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by § 6-13-4, or the governing board may designate an official of the political subdivision and a witness to open all bids before the meeting of the governing board as specified in the notice required by § 6-13-4. The governing board may reject any and all bids. However, if the governing board accepts a bid, it must be the bid of the highest bidder. If no bids are received, the governing board may have the surplus property reappraised pursuant to § 6-13-2, or may, within twelve months thereafter, sell the property at private sale for not less than ninety percent of the appraised value without further publication or appraisal. If the property to be sold was created as a result of an educational program in a school, the school board may accept the highest bid or it may reject all bids and may sell the property at private sale without further publication.
Source: SL 1988, ch 64, § 5; SL 1995, ch 36; SL 1996, ch 50; SL 2002, ch 38, § 1.
6-13-5.1. Sale of property conveyed by a railroad.
The provisions of §§ 6-13-4 and 6-13-5 notwithstanding, property that was conveyed to a political subdivision by a railroad may be sold to the lessee of the property or, if there is no lessee, to the owner of property abutting the property to be sold for not less than its appraised value. No vacation, change, relocation, or sale of the property as provided in this section may diminish any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility.
Source: SL 1989, ch 61.
6-13-5.2. Sale of government property at public auction or through broker--Offers--Notice.
In lieu of receiving sealed bids as required by this chapter, a school district, municipality, or county may sell real property at public auction or by listing the property with one or more licensed real estate brokers. The governing body may accept any offer for purchase of real property. If a governing body sells real property by public auction or through a real estate broker, the governing body shall give notice of the sale of the real property and the appraised value of the real property from the appraisal report on file with the fiscal offices of the governing body as required by § 6-13-4.
Source: SL 1998, ch 35, § 2; SL 2002, ch 39, § 1; SL 2018, ch 48, § 1.
6-13-6. Sale by auction--Notice by publication.
In lieu of sealed bids, the governing board of a political subdivision may sell surplus property at auction. Such governing board shall advertise such auction by publication pursuant to § 6-13-4. Surplus property may be sold to the highest bidder at such auction.
Source: SL 1988, ch 64, § 6.
6-13-7. Persons prohibited from purchasing surplus property--Exception.
No governing board member, any officer of a county, municipality, township, or school district, who has been elected or appointed, or real property owner acting as an appraiser may purchase the surplus property except at public auction.
Source: SL 1988, ch 64, § 7; SL 1997, ch 43, § 2.
6-13-8. Deposit and credit of sale revenue.
All revenue accruing from the sale of surplus property pursuant to this chapter shall be paid into the treasury of such political subdivision and credited, at the discretion of the governing board, to the general fund, to the fund in which such property was inventoried, or to the capital outlay fund of a school district.
Source: SL 1988, ch 64, § 8; SL 2001, ch 35, § 1.
6-13-9. Sale of real property under installment contract.
The governing board may sell any real property with a purchase price in excess of two hundred fifty dollars under an installment contract. The property may not be sold for less than ninety percent of the appraised value. Before the governing board may sell any real property under an installment contract it shall attempt to sell such property pursuant to § 6-13-5 or 6-13-6. The governing board shall determine the terms and conditions of the installment contract including the number of installments, the date of payment and the rate of interest. The purchaser may, at his option, pay the balance or any number of installments on any interest paying date.
Source: SL 1989, ch 62, § 1.
6-13-10. Acceptance of bid for installment contract.
Immediately upon the acceptance of any bid under § 6-13-9, the purchaser shall deposit the amount of the cash payment with the fiscal officer. The fiscal officer shall provide the purchaser with a receipt for such payment and retain a copy in his office.
Source: SL 1989, ch 62, § 2.
6-13-11. Board approval of installment contract sales.
At the first meeting of the governing board of the political subdivision after a sale has been made pursuant to §§ 6-13-9 to 6-13-14, inclusive, the fiscal officer shall report the sale to the board together with all his proceedings. The governing board may refuse to approve the sale if the purchase price offered is, in the judgment of the board, less than the true and full value of the real property. If the sale is not approved, the fiscal officer shall return the purchaser's deposit. The purchaser shall surrender the receipt for such deposit.
Source: SL 1989, ch 62, § 3.
6-13-12. Full purchase price paid in cash--Execution of deed.
If the governing board approves a sale pursuant to § 6-13-11, and the full amount of the purchase price has been paid in cash, the board shall direct that a deed conveying such property be delivered to the purchaser thereof. The deed shall be executed in the name of the chairman of the governing board and attested by the fiscal officer. The deed shall vest in the grantee or grantees all of the right, title, and interest of the political subdivision in and to such real property so sold and every part thereof.
Source: SL 1989, ch 62, § 4.
6-13-13. Less than full amount of purchase price in cash--Execution of contract for deed.
If the governing board approves the sale pursuant to § 6-13-11, and less than the full amount of the purchase price is paid in cash and the remainder is to be paid in annual installments, the purchaser or purchasers shall be given a contract for deed covering such real property. The contract for deed shall be executed in the name of the chairman of the governing board of the political subdivision and attested by the fiscal officer. The contract for deed shall state that the political subdivision agrees to convey all of the right, title, and interest of the political subdivision in and to such real property so sold and every part thereof upon the full performance thereof by the purchaser. The contract for deed shall contain a recital of the terms of the sale, the amount of cash paid at the sale, the amount of each of the annual installments, the date of payment of such annual installments, and the rate of interest thereon. The contract for deed shall require the purchaser to make the payments of principal and interest in the amounts and at the times provided by § 6-13-9. The contract for deed shall require that all taxes assessed and levied upon the real property described therein shall be paid in full each year during the term of the contract for deed and before the taxes become delinquent. The contract for deed shall provide that in case of default in the payment of any annual installment or interest or taxes assessed and levied, the governing board, at its option, may declare the contract at an end and proceed immediately to foreclose the deed in the manner provided by law for the strict foreclosure of executory contract for the sale of real estate. The contract for deed shall provide that all payments made prior to such default shall be retained by the political subdivision as liquidated damages.
Source: SL 1989, ch 62, § 5.
6-13-14. Transfer, license, or sale of computer software--Notice to board.
Any state agency may transfer, license, or sell any computer software in which the agency possesses a transferable interest upon such terms and conditions as the agency may determine. Notice of negotiations leading to possible transfer, licensure, or sale shall be provided to the Bureau of Human Resources and Administration prior to entering into any agreement to transfer, license, or sell such software.
Source: SL 1989, ch 62, § 6; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
6-13-15. Transfer of county or municipal museum collections to certain nonprofit organizations.
Notwithstanding any other provision of law, any county or municipality may provide as a gift to any nonprofit organization that meets the requirements of this section and that is recognized as an exempt organization under § 501(c)3 of the Internal Revenue Code of 1986, as amended to January 1, 1996, any collection of historical artifacts, documents, or other materials that has been housed in a museum or other display owned by the county or municipality. The gift may include collection display and storage fixtures and related tangible personal property. To be eligible to receive the collection the nonprofit organization shall agree to:
(1) Display or store the collection within the State of South Dakota;
(2) Not dispose of the collection except to return the collection to the county or municipality or in accordance with mutually agreed upon collections management policies; and
(3) Return all of the nonprofit organization's assets acquired under this section to the county or municipality upon dissolution of the nonprofit organization.
A gift of a collection of specimens preserved by a taxidermist is exempt from the requirements of subdivisions (1), (2), and (3) of this section.
Source: SL 1996, ch 49; SL 2024, ch 25, § 1.
6-13-16. Loaning of zoo animals.
Any municipality or other political subdivision of the state that operates a zoo may enter into an agreement for the loaning of zoo animals with another political subdivision, nonprofit corporation, or other entity that operates a zoo accredited by the Association of Zoos and Aquariums or other appropriate institutions dealing with animal care, breeding, welfare, or wildlife education. The zoo that accepts the loaned zoo animals may be located inside or outside the State of South Dakota. The loan agreement shall be under terms and conditions agreed to by the parties to the agreement. Zoo animals loaned pursuant to this section are not deemed to be surplus property, and no motion is required to enter into an agreement for the loaning of zoo animals.
Source: SL 2012, ch 48, § 3.
6-14-1
Creation and transfer of endowment fund.
6-14-2
Spending.
6-14-1. Creation and transfer of endowment fund.
The governing body of a political subdivision of this state may, by resolution, create an endowment fund. Notwithstanding any other law to the contrary, the governing body may transfer any gift or donation to the endowment fund. The governing body may transfer ownership of the endowment fund or may transfer the custody of the assets of the endowment fund and retain ownership of the assets of the endowment fund. No limit on the amount of unobligated cash balance applies to the revenue in the fund created by this chapter.
Source: SL 1991, ch 56, § 1; SL 2009, ch 28, § 1.
6-14-2. Spending.
The interest earned from the revenue in an endowment fund created pursuant to § 6-14-1 may be spent by the governing body of a political subdivision for any legal purpose. The principal in an endowment fund may be expended by the governing body by resolution after a public hearing called for that purpose.
Source: SL 1991, ch 56, § 2.
6-15-1
Limited effect of state mandates to provide new activities or services.
6-15-2
Laws, rules, or regulations unaffected.
6-15-1. Limited effect of state mandates to provide new activities or services.
No state law, rule, or regulation which mandates any county, municipality, or school district to engage in any new activity, to provide any new service, to increase any current level of activity or to provide any service beyond that required by existing law has the force of law unless or until the state provides sufficient new funding or a means of new funding to the county, municipality, or school district to pay the cost of performing the mandated activity or service for the period of time during which the activity or service is required to be performed.
Source: SL 1993, ch 61, § 1.
6-15-2. Laws, rules, or regulations unaffected.
Section 6-15-1 does not apply to any law, rule, or regulation:
(1) Concerning the conduct of elections;
(2) Required by federal law;
(3) Required to fund the unified judicial system;
(4) Required to fund the welfare system;
(5) Creating, modifying, or repealing any criminal law;
(6) Reauthorizing but not expanding existing statutory authority; or
(7) Specifying a minimum salary for public officials.
Source: SL 1993, ch 61, § 2; SL 2001, ch 37, § 6.
6-16-1
Elections--Special districts--Board of directors.
6-16-2
Petition--Number of signatories--Deposit for costs.
6-16-3
Formation of new district.
6-16-4
Notification of voter registration deadline.
6-16-5
Election on question of incorporation in districts containing less than one thousand
voters--Election of directors or trustees.
6-16-5.1
Election on question of incorporation in districts containing one thousand or more
voters.
6-16-5.2
Election of directors or trustees in districts containing one thousand or more voters.
6-16-6
Voter eligibility.
6-16-7
Voting rights--Conflict.
6-16-8
Promulgation of rules.
6-16-1. Elections--Special districts--Board of directors.
Sections 6-16-1 to 6-16-7, inclusive, apply to elections for the formation of certain special districts and for the initial election of the board of directors or trustees for these districts. The special districts covered are: county road, ambulance, rural fire protection, sanitary, irrigation, watershed, and water project districts.
Source: SL 1998, ch 36, § 1.
6-16-2. Petition--Number of signatories--Deposit for costs.
The application for organization shall be a petition verified by one or more circulators by affidavit stating that each affiant personally witnessed the signatures on the petition and believe the signatures to be genuine. Except as provided in this section, the petition shall be signed by at least twenty-five percent of the registered voters within the proposed district. If the proposed district is in two or more counties, a petition shall be filed in each county and each petition shall be signed by at least twenty-five percent of the registered voters within the proposed district in that county. The petition shall be accompanied by a deposit covering the estimated costs as determined by the county auditor of the public notices and the conduct of the election for the formation of the district. The county auditor may waive the deposit or payment requirement or may specify other arrangements for payment of the publication and election costs. If the district to be formed is a road district, the petition shall conform to the requirements of § 31-12A-3 and shall be signed by at least twenty-five percent of the eligible voters of the district as defined in § 31-12A-1.2. If the district to be formed is a watershed district, the petition shall be signed by at least twenty-five percent of the eligible voters of the district as defined in § 46A-14-15.1 and as provided in § 46A-14-5. If the district to be formed is a water project district, any petition required by this section shall be signed by qualified voters of the proposed district, as defined in §§ 46A-18-2.1 and 46A-18-2.2, in the appropriate county.
Source: SL 1998, ch 36, § 2; SL 1999, ch 151, § 10; SL 2000, ch 32, § 1; SL 2011, ch 35, § 1; SL 2013, ch 228, § 1; SL 2014, ch 46, § 1.
6-16-3. Formation of new district.
If the proposed district is in two or more counties, each county auditor and board of county commissioners shall cooperate to perform the requirements of §§ 6-16-1 to 6-16-7, inclusive, and the chapter specific to the formation of that district in setting the date for and conducting the election of the proposed district.
Source: SL 1998, ch 36, § 3.
6-16-4. Notification of voter registration deadline.
The county auditor shall publish the notice of the voter registration deadline at least once each week for two consecutive weeks, the last publication to be not less than twenty-four nor more than thirty days prior to the election. If the eligible voters are defined as landowners only for the special district to be formed, the notice of the voter registration deadline does not need to be published. The auditor shall publish each notice of election at least once each week for two consecutive weeks, the last publication to be not less than four nor more than ten days before the election in at least one legal newspaper of general circulation in the proposed district.
Source: SL 1998, ch 36, § 4; SL 2000, ch 32, § 2; SL 2008, ch 35, § 1, eff. Feb. 27, 2008; SL 2016, ch 43, § 1.
6-16-5. Election on question of incorporation in districts containing less than one thousand voters--Election of directors or trustees.
If the proposed district contains less than one thousand eligible voters as defined in § 6-16-6, the county auditor shall set a date, time, and location for a meeting to be held within the district, or at the county seat of any county in which a portion of the proposed district is located, to conduct an election on the question of formation of the special district. The date may not be more than sixty days after the appropriate board declares that the application for incorporation is valid. The auditor shall appoint three judges of election, one of whom shall serve as the superintendent, to conduct the election. The vote upon the question of incorporation shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. After the vote is cast and counted, the judges shall prepare a certification showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation, and shall return the certification to the county auditor. If a majority, or if it is a water project district at least sixty percent, of the votes cast on the question of formation is in favor, an election shall be conducted by those present at the same meeting to elect the initial board of directors or trustees.
Source: SL 1998, ch 36, § 5; SL 2006, ch 29, § 3; SL 2008, ch 35, § 2, eff. Feb. 27, 2008; SL 2010, ch 74, § 2; SL 2013, ch 228, § 2.
6-16-5.1. Election on question of incorporation in districts containing one thousand or more voters.
If the proposed district contains one thousand or more eligible voters as defined in § 6-16-6, the county auditor shall set a date for an election to be held within the district, or at the county seat of any county in which a portion of the proposed district is located, on the question of formation of the special district. The date may not be more than sixty days after the appropriate board declares that the application for incorporation is valid. The election shall be conducted pursuant to Title 12. The vote upon the question of incorporation shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. The election shall be canvassed by the county commission.
Source: SL 2008, ch 35, § 4, eff. Feb. 27, 2008; SL 2013, ch 228, § 3.
6-16-5.2. Election of directors or trustees in districts containing one thousand or more voters.
If a majority, or if it is a water project district at least sixty percent, of the votes cast in an election conducted pursuant to § 6-16-5.1 is in favor on the question of formation of the special district, an election shall be conducted by the county auditor within sixty days after the official canvass to elect the initial board of directors or trustees. The election shall be conducted pursuant to Title 12. The county auditor shall publish a notice of vacancy no later than fifty days prior to the election. Circulation of nominating petitions may begin upon completion of the official canvass of the election to form the district. Nominating petitions shall be filed with the county auditor by 5:00 p.m. at least thirty days before the election. The nominating petitions shall contain signatures of at least twenty-five eligible voters in the district as defined in § 6-16-6. Absentee ballots shall be made available to the voters no later than twenty days before the date of election. The election shall be canvassed by the county commission.
Source: SL 2008, ch 35, § 5, eff. Feb. 27, 2008; SL 2010, ch 74, § 3; SL 2014, ch 46, § 2.
6-16-6. Voter eligibility.
Any person who is registered to vote and resides in the proposed district may vote in the elections provided for in § 6-16-5. However, the qualifications of a voter for irrigation district elections are as provided in chapter 46A-4, the qualifications of a voter for water project district elections are as provided in §§ 46A-18-2.1 and 46A-18-2.2, the qualifications of a voter for watershed district elections are as provided in § 46A-14-15.1, and the qualifications of a voter for road district elections are as provided in § 31-12A-1.2. Absentee voting is allowed pursuant to chapter 12-19 for the election on the question of formation of the special district or any other question to be voted on by the eligible voters of the district. For the purpose of this section, a person resides in a proposed district if the person actually lives in the proposed district for at least thirty days in the last year.
Source: SL 1998, ch 36, § 6; SL 1999, ch 151, § 11; SL 2000, ch 32, § 3; SL 2011, ch 35, § 2; SL 2013, ch 228, § 4; SL 2014, ch 46, § 3.
6-16-7. Voting rights--Conflict.
If there is a conflict regarding who has a right to vote in the election pursuant to §§ 6-16-4 to 6-16-6, inclusive, the judges of election shall settle the conflict by referring to the official records of the county auditor in each county where these official records are held.
Source: SL 1998, ch 36, § 7; SL 2000, ch 32, § 10.
6-16-8. Promulgation of rules.
The State Board of Elections may promulgate rules pursuant to chapter 1-26 concerning:
(1) The petition form for the formation of a special district;
(2) The notice of election; and
(3) The nominating petition.
The petition form and notice of election shall include a description of the proposed district boundaries.
Source: SL 1998, ch 36, § 8; SL 2008, ch 35, § 3, eff. Feb. 27, 2008.
6-17-1
Definitions.
6-17-2
Resolution for governmental cooperation to be initiated by voters--Filing of petition--Number of signatures required.
6-17-3
Majority vote required to approve resolution of cooperation--Effective date.
6-17-4
Subject matter of initiated resolution.
6-17-5
Promulgation of rules.
6-17-6
Signer's address and date of signing--Certain signatures invalid.
6-17-7
Affidavit required of circulators of petition.
6-17-8
Election officials duty on receiving petition--Governing board action--Submission
to voters.
6-17-9
Costs of election.
6-17-10
Resolution ballot printing and distribution.
6-17-11
Preservation of resolution petitions--Public inspection.
6-17-12
Waiting period before second vote on resolution.
6-17-13
Local government entity authorized to initiate resolution.
6-17-14
Judicial notice of local government entities.
6-17-15
Liberal construction of petitions.
6-17-1. Definitions.
Terms used in this chapter mean:
(1) "Governing body," the board of commissioners, the common council, the executive board, or other name by which a local government entity is controlled, concerned, or affected;
(2) "Local government entity," the State of South Dakota, county, municipality, or special governmental district authorized by the laws of South Dakota or any of the states that border South Dakota;
(3) "Person in charge of an election" or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;
(4) "Publish" or "publication," publication in the official newspaper of the local government entities concerned or affected; or if no official newspaper is available, publication in a legal newspaper published in the local government entity, if any; or, if no legal newspaper is published within the local entity, publication in any legal newspaper that serves the local government entity;
(5) "Resolution of cooperation or consolidation" or "resolution," any initiated measure made for the purpose if initiating, effecting, or carrying out an intention to cooperate in providing services or functions, or combining services or functions between local governmental entities.
Source: SL 2001, ch 36, § 1.
6-17-2. Resolution for governmental cooperation to be initiated by voters--Filing of petition--Number of signatures required.
The right to propose a resolution of cooperation or consolidation to the government of a local government entity rests with the registered voters of the local government entity. Any resolution proposed under this chapter shall be referred to a vote of the registered voters of the local government entity by the filing, with the entity's person in charge of an election, of a petition signed by a number of voters equivalent to fifteen percent of those voting in the last preceding gubernatorial election in the local government entity. A petition to propose a resolution shall be filed with the person in charge of an election of each of the affected local government entities before an election may occur.
Source: SL 2001, ch 36, § 2.
6-17-3. Majority vote required to approve resolution of cooperation--Effective date.
No initiated resolution of cooperation may become operative unless approved by a majority of the votes cast in each of the affected local government entities. If so approved, the resolution takes effect one hundred eighty days after the election or other date as specifically stated in the resolution or within one hundred eighty days after the election as the affected local government entities may agree.
Source: SL 2001, ch 36, § 3.
6-17-4. Subject matter of initiated resolution.
An initiated resolution may propose combining or consolidating any local government functions including those that may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions.
Source: SL 2001, ch 36, § 4.
6-17-5. Promulgation of rules.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for a resolution of cooperation or consolidation petition and its verification.
Source: SL 2001, ch 36, § 5.
6-17-6. Signer's address and date of signing--Certain signatures invalid.
The signer or circulator of the petition may add the signer's place of residence and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A date may be written in full or may be written using standard abbreviations, including numerals. No signature on a petition is valid if signed more than one year before the filing of the petitions.
Source: SL 2001, ch 36, § 6.
6-17-7. Affidavit required of circulators of petition.
Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that the person circulated the petition and that either the person circulating the petition or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.
Source: SL 2001, ch 36, § 7.
6-17-8. Election officials duty on receiving petition--Governing board action--Submission to voters.
When a petition to initiate a resolution is filed with a person in charge of an election, that person shall present it to the local government entity governing board at its next regular or special meeting. The local person in charge of an election shall certify that the minimum number of signatures required pursuant to § 6-17-2 have been filed.
The local government entity governing boards shall submit the resolution to a vote in the next general election after filing in all affected local government entities. The filing in all affected local government entities shall occur not later than the second Tuesday in August of a general election year for the question to appear on that year's ballot.
Source: SL 2001, ch 36, § 8.
6-17-9. Costs of election.
If the local government entities cannot reach an agreement on sharing costs, each local government entity is responsible for its costs for the election. If there are any shared costs between the local government entities, they shall be paid in proportional shares based on the number of registered voters in each of the affected jurisdictions.
Source: SL 2001, ch 36, § 9.
6-17-10. Resolution ballot printing and distribution.
The person in charge of an election shall have ballots printed for the vote upon the resolution and have them distributed as other official ballots are distributed. All questions to be voted upon at the same election may be submitted upon the same ballot.
Source: SL 2001, ch 36, § 10.
6-17-11. Preservation of resolution petitions--Public inspection.
The person in charge of an election shall preserve all petitions requesting a resolution for at least two years. The petitions are open to public inspection upon reasonable request.
Source: SL 2001, ch 36, § 11.
6-17-12. Waiting period before second vote on resolution.
No question contained in an initiated resolution may be voted upon again within one year from the date of the election thereon.
Source: SL 2001, ch 36, § 12.
6-17-13. Local government entity authorized to initiate resolution.
A local government entity governing board may propose and adopt a resolution under this chapter and directly present it to the people for a vote as allowed under this chapter without resorting to the petition process.
Source: SL 2001, ch 36, § 13.
6-17-14. Judicial notice of local government entities.
The court shall take judicial notice of the existence of all local government entities organized under the general laws of this state and of any change of organization authorized thereby.
Source: SL 2001, ch 36, § 14.
6-17-15. Liberal construction of petitions.
Any petition filed pursuant to this chapter may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law.
Source: SL 2001, ch 36, § 15.
6-18-1
Superseded.
6-18-1.1, 6-18-2. Repealed.
6-18-3
Repealed.
6-18-4
Repealed.
6-18-3. Repealed by SL 2012, ch 49, § 3.
6-19-1 to 6-19-8. Repealed.
6-20-1
Local government airport improvement contracts--Authorization, issuance, and
sale of revenue bonds.
6-20-2
Contents of authorizing resolution or ordinance.
6-20-3
Adoption of resolution by airport board--Approval by governing body.
6-20-4
Minimum revenues for issuance of bonds--Items includable in estimated future
revenues.
6-20-5
Funds available for payment of bonds--Pledge of revenue from future facilities.
6-20-6
Revenues available for operation and maintenance of airport--Taxing power not
used to liquidate bonds--Exceptions.
6-20-7
Covenants respecting operation and maintenance of airport.
6-20-8
Default in payment of bonds--Mismanagement of airport--Appointment of
receiver for payment of bonds--Restoration of airport to local control.
6-20-1. Local government airport improvement contracts--Authorization, issuance, and sale of revenue bonds.
Any municipality or county owning and operating an airport which has been approved by the state Aeronautics Commission for public use may contract to construct, improve, and equip buildings, hangars, runways, and structures for the improvement of its municipal or county airport. In lieu of issuing general obligation bonds for the projects or financing them, the municipality or county may issue revenue bonds. All revenue bonds shall be authorized, issued, and sold as provided in chapter 6-8B, except as specifically provided otherwise in this chapter. No election is required for the issuance of revenue bonds under this chapter.
Source: SL 1963, ch 1, § 1; SL 1984, ch 43, § 126; SL 2010, ch 228, § 1; SDCL § 50-8-1; SL 2019, ch. 203, § 83.
6-20-2. Contents of authorizing resolution or ordinance.
The revenue bonds shall be issued pursuant to and in accordance with the resolution or ordinance adopted by the governing body of the municipality or county, describing one or more buildings, hangars, runways, or structures whose revenues are to be pledged for the payment of the bonds, stating the total amount of revenues derived therefrom in the then next preceding fiscal year, determining the minimum amount of additional revenues estimated to be derived therefrom annually by virtue of the improvements to be financed by the issuance of the bonds, pledging all revenues to a separate and special airport revenue capital projects fund, so far as necessary to pay when due the principal and interest on the bonds and to create and maintain an additional reserve at all times equal to the maximum amount of principal and interest to become due in any subsequent fiscal year, stating the current cost of operation and maintenance of the airport during the immediately preceding fiscal year, estimating the maximum annual additional cost of the operation and maintenance in any subsequent fiscal year during the term of the bonds, and stating the total amount of the revenues received in the preceding year other than those pledged for the payment of the bonds, and the total amount possible to be raised by the levy of taxes for the operation and maintenance of the airport within the limitations prescribed by law, based on the assessed valuation of taxable property within the municipality or county for the preceding year.
Source: SL 1963, ch 1, § 2; SL 1984, ch 43, § 127; SDCL § 50-8-2; SL 2019, ch. 203, § 83.
6-20-3. Adoption of resolution by airport board--Approval by governing body.
When an airport board has been organized in a municipality, the resolution or ordinance shall be adopted by that board, subject to approval by resolution of the governing body.
Source: SL 1963, ch 1, § 2; SL 1984, ch 43, § 128; SDCL § 50-8-3; SL 2019, ch. 203, § 83.
6-20-4. Minimum revenues for issuance of bonds--Items includable in estimated future revenues.
No bonds may be issued unless the existing and estimated revenues pledged to the payment of the bonds are at least equal to the maximum amount of principal and interest to become due thereon in any fiscal year, and the revenues not pledged plus the taxes which may be levied within legal limitations are sufficient to pay the existing and estimated future operating expenses, all as stated in the resolution or ordinance. The past and estimated future revenues shall include all rentals of the facilities whose revenues are pledged, all other charges for the use thereof, and all profits, if any, from the sale of commodities or services on or about the premises whose revenues are pledged, deducting from the gross sale price only the actual cost necessarily incurred of acquiring the commodity or furnishing the service.
Source: SL 1963, ch 1, § 2; SL 1984, ch 43, § 129; SDCL § 50-8-4; SL 2019, ch. 203, § 83.
6-20-5. Funds available for payment of bonds--Pledge of revenue from future facilities.
The revenue bonds authorized by this chapter shall be payable solely from the revenues described in the resolution or ordinance initially adopted, except that the resolution or ordinance may also pledge therefor the revenues of any other facilities to be acquired in future, and may authorize or may limit the issuance of additional bonds, payable from the same revenues on a parity with the original issue or subordinate thereto, upon conditions as may be prescribed. The bonds shall be payable solely from the revenues defined and pledged in the initial resolution, and no other funds or revenues or property of the municipality or county may be used to pay the bonds or interest thereon except as may be otherwise required by law or by the Constitution.
Source: SL 1963, ch 1, § 4; SL 1984, ch 43, § 130; SDCL § 50-8-8; SL 2019, ch. 203, § 83.
6-20-6. Revenues available for operation and maintenance of airport--Taxing power not used to liquidate bonds--Exceptions.
The pledge of revenues made by the initial resolution shall be sufficient to pay the interest and the principal thereof when due, and shall be irrepealable until the bonds and the interest are paid, and that the revenues not pledged and the taxes levied by the municipality or county within the limitations prescribed by law for airport purposes shall be sufficient to provide for payment of all costs necessarily incurred in the operation, administration and maintenance of the airport and the continued ownership and operation of the facilities whose revenues are pledged, until the bonds and interest are fully paid. Accordingly, the taxing powers of any municipality or county issuing such bonds shall never be used, directly or indirectly, for the payment of either the principal thereof or the interest thereon or any part thereof, except as herein expressly provided.
Source: SL 1963, ch 1, § 4; SL 1984, ch 43, § 130A; SDCL § 50-8-10; SL 2019, ch. 203, § 83.
6-20-7. Covenants respecting operation and maintenance of airport.
Without limitation of the generality hereof, covenants may be entered into as to the manner of operation and maintenance of the airport, the insurance of properties whose revenues are pledged for payment of the bonds, the collection, segregation, deposit, investment, safekeeping, and disbursement of the pledged revenues, the fixing, maintenance, and revision of rentals and charges in such manner as to assure the sufficiency of the revenues derived therefrom for the payment of the bonds and interest, the establishment of a reserve, either from the proceeds of the bonds or from surplus revenues, the conditions for the issuance of additional bonds, the continued ownership, operation, and maintenance of the airport until the bonds and interest are paid, and the remedies available to bondholders in the event of default in the payment of principal or interest or in the performance of any covenant.
Source: SL 1963, ch 1, § 5; SDCL § 50-8-12; SL 2019, ch. 203, § 83.
6-20-8. Default in payment of bonds--Mismanagement of airport--Appointment of receiver for payment of bonds--Restoration of airport to local control.
In addition to any other remedy, if there be any default in the payment of the principal or interest or in any covenant materially affecting the rights of any bondholder, and such default shall continue for a period of not less than three months, or if the airport shall be mismanaged by the authorities in charge thereof, or the revenues therefrom shall be dissipated, wasted, or diverted from their proper application in any manner, then any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of the municipality or county whose rights may have been or may be affected, injured, or lost thereby, or commenced by any bondholder similarly affected by any such default, may appoint a receiver to operate and administer the airport, with power on the part of such receiver to charge and collect rentals and charges reasonably sufficient to provide for the payment of the bonds, and for the payment of maintenance, operating and administration expenses other than those which may be paid from taxes levied within legal limitations, and to apply the pledged revenues in conformity with this chapter and the resolutions referred to herein. When and if the default is made good through the operation of the airport by the receiver, then the airport and the operation and control thereof shall be restored to the proper municipal authorities by court order.
Source: SL 1963, ch 1, § 5; SDCL § 50-8-13; SL 2019, ch. 203, § 83.
CHAPTER 6-21
HISTORIC OR EDUCATIONAL TOWNSITES
6-21-1 Townsite for historical or educational purposes authorized--Recording of plat--Name required.
6-21-2 Townsite exempt from incorporation requirements.
6-21-3 Governing board--Rules and regulations.
6-21-4 Public moneys--Limited sources.
6-21-5 Exemption from public control.
6-21-6 Duration of townsite--Active operation--Maintenance of property--Loss of designation.
6-21-7 Dissolution.
6-21-1. Townsite for historical or educational purposes authorized--Recording of plat--Name required.
Any nonprofit organization formed for historical or educational purposes, pursuant to chapter 47-22 may form and name a corporate townsite upon land owned by the corporation or in which it has a legal or equitable interest, by causing the land to be platted by a registered land surveyor and recorded in the office of the register of deeds of the county in which the land is located.
Any corporate townsite established pursuant to this section is known as a historical or educational townsite and must be named by the corporation.
Source: SL 2024, ch 28, § 1.
6-21-2. Townsite exempt from incorporation requirements.
A historical or educational townsite may be organized without meeting the minimum population or other requirements for municipalities as required by chapter 9-3.
Source: SL 2024, ch 28, § 2.
6-21-3. Governing board--Rules and regulations.
The officers and directors of the corporation that forms and organizes the townsite are the governing body of a historical or educational townsite. The rules and regulations of the townsite must be provided in the articles of incorporation and the bylaws of the corporation.
Source: SL 2024, ch 28, § 3.
6-21-4. Public moneys--Limited sources.
No historical or educational townsite may receive any state or local tax moneys or any distribution from either state or local sources except as provided under § 7-18-12, or as approved by a local governing body or state agency from moneys allocated for tourism or educational or recreational purposes.
Source: SL 2024, ch 28, § 4.
6-21-5. Exemption from public control.
No historical or educational townsite is subject to any management or control of the state except as specifically provided by the Legislature or under the normal police powers of the political subdivision in which the townsite is located.
Source: SL 2024, ch 28, § 5.
6-21-6. Duration of townsite--Active operation--Maintenance of property--Loss of designation.
A townsite incorporated pursuant to this chapter may exist so long as the corporation maintains in good condition and repair all land, buildings, fences, fixtures, billboards, signs, and other improvements of the townsite, the township is actively operating for the purposes for which the townsite is incorporated, or until the corporation is dissolved in accordance with law.
The townsite must maintain the historical or educational integrity of the townsite's design, material, and workmanship of the sites, buildings, structures, and objects located within the platted townsite, including any advertising or promotional sign. The townsite must lose the status of historical or educational townsite if more than one-fourth of the number of properties experience:
(1) Loss or disintegration of the roof or roofing materials;
(2) Loss windows;
(3) Deterioration or missing siding material;
(4) Unstable foundation;
(5) Leaning severely from plumb; or
(6) Billboards or signs identifying, promoting, or advertising the townsite no longer conform to the requirements of chapter 31-29. For the purposes of this subdivision, the twelve continuous months required for determining a sign is abandoned does not apply.
Source: SL 2024, ch 28, § 6.