South Dakota

1-16A-1. Legislative findings and intent.

1-16A-2. Definitions.

1-16A-2.1. Repealed.

1-16A-2.2. Out-of-state participating health institution--Eligibility for financing.

1-16A-3. Authority created--Public function.

1-16A-3.1. Authority continued within Bureau of Finance and Management--Records and reports.

1-16A-4. Appointment of members of authority--Qualifications.

1-16A-5. Terms of office of members--Vacancies.

1-16A-6. Business interests not disqualifying for membership--Abstention where conflict of interest.

1-16A-7. Annual election of chairman and vice-chairman.

1-16A-8. Meetings open to public--Notice--Resolutions not published.

1-16A-9. Quorum of authority--Vote required for action.

1-16A-10. Expenses of members of authority.

1-16A-11. Removal of member from authority.

1-16A-12. Executive director and associate--Compensation.

1-16A-13. Employment of consultants and agents--Compensation.

1-16A-14. Surety bonds required--Payment of cost.

1-16A-15. Corporate powers of authority.

1-16A-15.1. Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.

1-16A-15.2. Determination of minimum amount of cash and investment reserves.

1-16A-16. Delegation of powers and duties.

1-16A-17. Records maintained by authority--Certified copies.

1-16A-17.1. Informational budget required.

1-16A-18. Acceptance of loans and gifts.

1-16A-19. Investment of surplus funds--Maturity of securities--Manner of investment.

1-16A-20. Location, construction, operation and maintenance of facilities--Designation of agent.

1-16A-21. Acquisition of property--Title taken.

1-16A-22. Restrictions of other laws not applicable.

1-16A-23. Public works laws not applicable--Competitive bidding not required.

1-16A-24. Mortgages for security of bondholders.

1-16A-25. Operation of facilities restricted to leasing.

1-16A-26. Leasing of facilities--Terms of lease--Option to purchase.

1-16A-27. Duration of leases--Rentals required.

1-16A-28. Establishment of rents and charges.

1-16A-29. Rules and regulations for use of facilities.

1-16A-30. Laws and ordinances applicable to facilities.

1-16A-31. Loans to participating institutions--Maximum amount.

1-16A-32. Refunding loans to participating institutions--Findings required.

1-16A-33. Initial planning service fee to accompany applications.

1-16A-34. Annual planning service fee payable to authority.

1-16A-35. Purpose of planning service fees--Agencies used in planning.

1-16A-36. Planning services and surveys obtained from other agencies.

1-16A-37. Proration of planning service fees between institutions.

1-16A-38. Issuance and refunding of bonds and obligations.

1-16A-39. Terms and form of bonds issued.

1-16A-40. Sale of bonds--Expenses of issuance.

1-16A-41. Negotiability of bonds.

1-16A-42. Bonds payable only from revenues.

1-16A-43. Pledge of revenues to secure bonds.

1-16A-44. Pledge continuing until bonds paid.

1-16A-45. Maintenance, rental and funding agreements in bond resolution.

1-16A-46. Pooling of leases for pledge of revenues.

1-16A-47. Bond redemption privileges retained.

1-16A-48. Additional bonds for facilities or HEAL loans--Protection of prior bondholders.

1-16A-49. Remedies of bondholders on default.

1-16A-50. General obligation not created by issuance of bonds--Tax levy not promised.

1-16A-51. State debt not created--Disclaimer in bonds.

1-16A-52. Pledge of full faith and credit of authority or institution.

1-16A-52.1. Financing through federally guaranteed securities authorized.

1-16A-52.2. Commitments and agreements for financing through federally guaranteed securities.

1-16A-52.3. Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds.

1-16A-52.4. Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited.

1-16A-52.5. Return of securities to issuer when provision made for payment.

1-16A-53. Refunding bonds authorized--Amount.

1-16A-54. Methods of refunding--Maturity dates.

1-16A-54.1. Bond issue authorized to refund securities of participating institution.

1-16A-54.2. Amount and terms of securities purchased--Mortgage--Insurance and guaranties.

1-16A-54.3. Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter.

1-16A-54.4. Title of financed facility to remain in participating institution--Mortgage--Lease prohibited.

1-16A-55. Bonds of authority as legal investments.

1-16A-56. Conveyance of facility to participating institution when debt paid.

1-16A-56.1. Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for.

1-16A-57. Expenses paid from authority funds--Borrowing for initial operation.

1-16A-58. Tax exemption of authority.

1-16A-59. Securities regulation.

1-16A-60. Additional proceedings not required--Police power reserved.

1-16A-61. Powers supplementary.

1-16A-62. Powers under other law unimpaired.

1-16A-63. Liberal construction of chapter.

1-16A-64. Short title of chapter.

1-16A-65. Health education assistance loan program established.

1-16A-66. Health education assistance loan program--Powers of authority.

1-16A-67. Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority.

1-16A-68. Health education assistance loan program--Payment of bonds.

1-16A-69. Health education assistance loan program--Security for principal and interest of bonds.

1-16A-70. Health education assistance loan program--Repayment fund created.

1-16A-71. 1-16A-71. Repealed by SL 1988, ch 12, § 8; SL 1988, ch 18.

1-16A-71.1. Repealed by SL 2012, ch 179, § 10.

1-16A-72. 1-16A-72. Repealed by SL 1988, ch 12, § 9.

1-16A-72.1. Repealed by SL 2012, ch 179, § 11.

1-16A-73. 1-16A-73. Repealed by SL 1988, ch 12, § 10.

1-16A-73.1. Repealed by SL 2012, ch 179, §§ 12 to 23.

1-16A-73.13. Repealed by SL 2012, ch 180, §§ 9 to 15.

1-16A-73.20. Repealed by SL 2012, ch 179, §§ 24 to 31.

1-16A-74. Power to act as public instrumentality.

1-16A-74.1. Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations.

1-16A-75. Funding program for purchase of notes--Issuance of bonds or notes.

1-16A-76. Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.

1-16A-77. 1-16A-77. Repealed by SL 2013, ch 6, § 7.

1-16A-78. Authority to issue education savings bonds.

1-16A-79. Criteria for issuance of education savings bonds.

1-16A-80. Additional criteria for issuance of education savings bonds.

1-16A-81. Discounted sale of education savings bonds--Interest--Payment at maturity.

1-16A-82. Sale of education savings bonds--Computation of aggregate principal.

1-16A-83. Plan of implementation for issuance and sale of education savings bonds.

1-16A-84. Designation by authority required for education savings bonds.

1-16A-85. Pool arrangement defined.

1-16A-86. Authority as funding authority for pool arrangement.

1-16A-87. Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.

1-16A-88. Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.

1-16A-89. Credit enhancement obligation--Conditions.

1-16A-90. Agreements with other entities involving credit enhancement obligations.

1-16A-91. Issued indebtedness for accounts receivable program.

1-16A-92. Authority may contract to manage payment or interest rate risk for bonds.

1-16A-93. Proposed issuance of obligations--Determination of board.

1-16A-94. Promulgation of rules establishing forecasting methodology.

1-16A-95. Issuance of additional obligations--Legislative approval.

1-16A-96. Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.

1-16A-97. Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.

1-16A-98. State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.

1-16A-99. Contracts made by school district, state, or authority not to be impaired.

1-16B-1. Definitions.

1-16B-2. 1-16B-2. Repealed by SL 1986, ch 14, § 2.

1-16B-3. Repealed

1-16B-4. Repealed

1-16B-5. 1-16B-5. Repealed by SL 1986, ch 14, § 4.

1-16B-6. Repealed

1-16B-7. Finance authority created.

1-16B-8. Board of directors--Appointment of members.

1-16B-9. Quorum of board--Action by majority present.

1-16B-10. Commissioner as chief administrative officer.

1-16B-11. Staff services to authority--Funds from which expenses paid.

1-16B-12. Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.

1-16B-13. 1-16B-13. Obsolete.

1-16B-14. Powers of authority.

1-16B-14.1. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

1-16B-15. Power to issue notes and bonds--Maximum outstanding.

1-16B-16. Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds.

1-16B-17. Notes and bonds as general obligations of authority--Funds from which payable.

1-16B-18. Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale.

1-16B-19. State pledge not to impair powers of authority--Inclusion in terms of notes or bonds.

1-16B-20. Obligations payable only from assets of authority--Statement on face of obligations.

1-16B-21. Repurchase and cancellation of notes and bonds--Maximum price paid.

1-16B-22. Issuance of refunding obligations--Terms governed by chapter.

1-16B-23. Disposition of refunding obligations--Application or investment of proceeds.

1-16B-24. Bonds and notes as legal investments for public and fiduciary funds.

1-16B-25. Appointment of trustee on default in payment of bonds or notes.

1-16B-26. Trustee's powers in protection of bondholders or noteholders.

1-16B-27. Notice required of trustee before declaring principal due.

1-16B-28. Incidental powers of trustee.

1-16B-29. Capital reserve fund required--Moneys paid in.

1-16B-30. Amounts required in capital reserve fund.

1-16B-31. Application of capital reserve fund--Transfer of income.

1-16B-32. Bonds and notes not issued when capital reserve below required amount.

1-16B-33. Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds.

1-16B-34. Establishment of loan funds--Investment.

1-16B-35. Cooperation with local agencies.

1-16B-36. Determination of desirability of development projects.

1-16B-37. Power to make loans to local agencies--Repayment provisions.

1-16B-38. Maximum loan to local agency--Vote required for approval.

1-16B-39. 1-16B-39. Repealed by SL 1986, ch 14, § 11.

1-16B-40. Application by local agency for loan--Contents.

1-16B-41. Loans made only when other loans not available.

1-16B-42. Preference to projects for processing raw materials produced in state.

1-16B-43. Maximum percentage of cost loaned to local agency--Assurances as to other financing.

1-16B-44. Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency.

1-16B-45. Pledge to United States not to impair powers of authority.

1-16B-46. Terms of loan to local agency--Subordination to other loans.

1-16B-47. Foreclosure to take title to development project--Sale or lease.

1-16B-48. Annual reports of authority--Contents.

1-16B-49. Cumulative rights and powers of authority.

1-16B-50. Annual action plan--Annual informational report.

1-16B-51. 1-16B-51. Repealed by SL 1995, ch 4, § 1.

1-16B-52. Issuance of bonds and obligations--Additional proceedings not required--Transferred rights, powers, privileges, and functions supplementary--Liberal construction.

1-16B-53. Preferred development project defined.

1-16B-54. Direct mortgage loans for preferred development projects.

1-16B-55. Authority may contract to manage payment or interest rate risk for bonds.

1-16B-56. Value Added Finance Authority Abolished--Duties and responsibilities transferred--Economic Development Finance Authority and Board of Economic Development.

1-16B-57. Duties and goals--Agricultural production.

1-16B-58. Lending power of authority.

1-16B-59. Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.

1-16B-60. Pledges by authority.

1-16B-61. Redemption of bonds.

1-16B-62. Trust indenture securing authority bonds.

1-16B-63. Proceeds of bonds--Investments.

1-16B-64. Bonds as negotiable instruments.

1-16B-65. Execution of bonds--Seal.

1-16B-66. Immunity from personal liability on bonds.

1-16B-67. Conflict of interest --Disclosure--Participation in transaction.

1-16B-68. Tax exemption--Filing fee exemption.

1-16B-69. Bonds as authorized investments and securities for deposits.

1-16B-70. Promulgation of rules.

1-16B-71. Liberal construction of chapter.

1-16B-72. Disposition of authority assets on dissolution.

1-16B-73. Compliance with Internal Revenue Code.

1-16E-1. Repealed

1-16E-2. Repealed

1-16E-3. Repealed

1-16E-4. Repealed

1-16E-4.1. Repealed

1-16E-4.2. Repealed

1-16E-4.3. Repealed

1-16E-4.4. Repealed

1-16E-5. 1-16E-5, 1-16E-6. Obsolete.

1-16E-7. Repealed

1-16E-8. Repealed

1-16E-9. Repealed

1-16E-10. Repealed

1-16E-11. Repealed

1-16E-12. Repealed

1-16E-13. Repealed

1-16E-14. Repealed

1-16E-15. Repealed

1-16E-16. Repealed

1-16E-17. Repealed

1-16E-18. Repealed

1-16E-19. Repealed

1-16E-20. Repealed

1-16E-21. Repealed

1-16E-22. Repealed

1-16E-23. Repealed

1-16E-24. Repealed

1-16E-25. Repealed

1-16E-26. Repealed

1-16E-27. Repealed

1-16E-28. Repealed

1-16E-29. Repealed

1-16E-30. Repealed

1-16E-31. Repealed

1-16E-32. Repealed

1-16G-1. Board of Economic Development created--Appointment--Terms.

1-16G-1.1. Authority of Board of Economic Development.

1-16G-1.2. Foreclosure as means of protecting loan--Sale, transfer, or conveyance of property.

1-16G-1.3. Nonvoting members of Board of Economic Development.

1-16G-2. 1-16G-2. Repealed by SL 2011, ch 7, § 1.

1-16G-3. Revolving economic development and initiative fund--Purpose.

1-16G-4. 1-16G-4. Repealed by SL 2015, ch 63, § 3.

1-16G-5. Receipt of repayment of loans and interest--Rules--Loans for credit enhancement--Reversion of excess.

1-16G-6. No appeal by applicant from board's action.

1-16G-7. Acceptance and expenditure of other funds by Board of Economic Development.

1-16G-8. Promulgation of rules.

1-16G-8.1. 1-16G-8.1 to 1-16G-9. Repealed by SL 2007, ch 5, §§ 4 to 7.

1-16G-10. Annual report by Board of Economic Development.

1-16G-11. Documentary material consisting of trade secrets exempt from disclosure--Discussion of or action on trade secrets at meeting closed to public.

1-16G-12. 1-16G-12 to 1-16G-16. Repealed by SL 2004, ch 12, §§ 1 to 5.

1-16G-16.1. Procurement of certain services for revolving economic development and initiative fund.

1-16G-17. 1-16G-17, 1-16G-18. Repealed by SL 2004, ch 12, §§ 6, 7.

1-16G-19. 1-16G-19. Repealed by SL 2009, ch 1, § 19.

1-16G-20. 1-16G-20. Repealed by SL 2006, ch 2, § 9.

1-16G-21. 1-16G-21. Repealed by SL 2006, ch 2, § 10.

1-16G-22. 1-16G-22. Repealed by SL 2006, ch 2, § 11.

1-16G-23. 1-16G-23. Repealed by SL 2006, ch 2, § 12.

1-16G-24. Use of earnings for administrative costs of Division of Finance of Governor's Office of Economic Development.

1-16G-25. 1-16G-25 to 1-16G-28. Repealed by SL 2013, ch 192, §§ 3, 5, 6, 8.

1-16G-29. 1-16G-29 to 1-16G-39. Repealed by SL 2007, ch 5, §§ 10 to 20.

1-16G-40. 1-16G-40 to 1-16G-46. Rejected by referendum.

1-16G-47. 1-16G-47. Repealed by SL 2018, ch 10, § 1.

1-16G-47.1. Disbursements from local infrastructure improvement grant fund and economic development partnership fund.

1-16G-48. 1-16G-48. Repealed by SL 2018, ch 10, § 2.

1-16G-49. Annual report to Government Operations and Audit Committee.

1-16G-50. Local infrastructure improvement grant fund.

1-16G-51. Economic development partnership fund created.

1-16G-52. Awards from economic development partnership fund.

1-16G-53. Matching basis of awards from economic development partnership fund.

1-16G-54. Promulgation of rules regarding local infrastructure improvement grant fund.

1-16G-55. Promulgation of rules regarding economic development partnership fund.

1-16G-56. Definitions relating to reinvestment payment program.

1-16G-57. Reinvestment payment procedure.

1-16G-58. Application for reinvestment payment.

1-16G-59. Factors for board review of application.

1-16G-60. Permit to submit an affidavit for reinvestment payment.

1-16G-61. Affidavit for reinvestment payment--Form and contents.

1-16G-62. Time for filing affidavit for reinvestment payment--Eligible project costs--Extension.

1-16G-63. Time and manner of reinvestment payment.

1-16G-64. Reinvestment payment fund created.

1-16G-65. Effect of tax collection agreement with Indian tribe.

1-16G-66. Public records-Information on the GOED website.

1-16G-67. Promulgation of rules on reinvestment payments.

1-16G-68. Prohibited commissions.

1-16G-69. 1-16G-69 to 1-16G-72. Executed.

1-16G-73. Definitions relating to new frontiers program.

1-16G-74. Requirements for new frontiers program applicants.

1-16G-75. Time for filing application--Contents.

1-16G-76. Board review of application--Factors for consideration.

1-16G-77. Permit from GOED--Assignment and transfer of permit and payment--Amended application.

1-16G-78. Affidavit for new frontiers payment--Contents.

1-16G-79. Time for filing affidavit for payment--Final program cost determination--Extension.

1-16G-80. Time for new frontiers payment--Additional information.

1-16G-81. Repayment upon relocation outside of state--Repayment waiver.

1-16G-82. Limitations on reinvestment payments.

1-16G-83. Public information.

1-16G-84. Promulgation of rules regarding new frontiers program.

1-16G-85. Repealed.

1-16G-86. Repealed.

1-16G-87. Repealed.

1-16G-88. Repealed.

1-16G-89. Repealed.

1-16H-1. Legislative findings.

1-16H-2. Purpose of authority.

1-16H-3. Definitions.

1-16H-4. Science and Technology Authority created.

1-16H-5. Board of directors--Appointment and terms.

1-16H-6. Removal of members--Grounds.

1-16H-7. Compensation of members--Reimbursement of expenses.

1-16H-8. Oath of office.

1-16H-9. Executive director, agents, and employees--Duties--Compensation.

1-16H-10. Meetings of the board.

1-16H-11. Quorum--Vote required for action.

1-16H-12. Business interests not disqualification for membership--Abstention where conflict of interest.

1-16H-13. Open meetings--Notice.

1-16H-14. Record of proceedings--Filings--Copies--Certification.

1-16H-15. Powers and duties of authority.

1-16H-16. Promulgation of rules.

1-16H-17. Loans and grants made by authority.

1-16H-18. Investment of funds.

1-16H-18.1. Investment of funds with State Investment Council.

1-16H-19. Issuance of bonds, notes, or other evidence of indebtedness.

1-16H-20. Suit to compel performance by holder of revenue bond, note, or instrument issued by authority.

1-16H-21. Suit by holder of revenue bond to compel payment of principal, interest, or premium--Jurisdiction.

1-16H-22. Negotiability of bonds, notes, or instruments--Temporary bonds, notes, or instruments.

1-16H-23. Pledge of revenues from lease or loan agreement--Trust agreement.

1-16H-24. Pledge or assignment of or lien on or security interest in revenues, funds, or accounts.

1-16H-25. Pledge by state not to impair rights and remedies of holders of bonds and notes.

1-16H-26. State not liable for principal or interest on bonds, notes, instruments, or obligations of authority.

1-16H-27. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

1-16H-28. Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.

1-16H-29. Title to projects.

1-16H-30. Acquisition of property.

1-16H-31. Acquisition, improvement, maintenance, and decommissioning of projects.

1-16H-31.1. Subsurface property defined.

1-16H-31.2. Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures.

1-16H-31.3. Declaration of taking--Contents.

1-16H-31.4. Effective date of condemnation and right to just compensation.

1-16H-31.5. Notice of hearing on right to take--Waiver of right to question necessity--Order of court.

1-16H-31.6. Service or mailing of copy of declaration of taking and amendments.

1-16H-31.7. Amendments to the declaration of taking--Filing.

1-16H-31.8. Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.

1-16H-31.9. Distribution of money on deposit with the court--Judgment against authority for deficiency.

1-16H-31.10. Application of other provisions to subsurface property rights taken by authority.

1-16H-32. Intergovernmental agreements.

1-16H-33. Sharing of agency employees.

1-16H-34. Inapplicability of § 5-2-19.

1-16H-35. Transfer or exchange of property with other state agencies.

1-16H-36. Designation of depositories.

1-16H-37. Tax exemption of authority.

1-16H-38. Authority reports to Governor's Office of Economic Development.

1-16H-39. Informational budget.

1-16H-40. Transfer of functions and programs of Homestake Laboratory Conversion Project.

1-16H-41. Homestake Mine donation.

1-16H-42. Severability of provisions.

1-16H-43. Immunity from liability for condition or use of certain donated property.

1-16H-44. Property tax exemption for certain leased property in Lawrence County.

1-16I-1. 1-16I-1 to 1-16I-39. Repealed by SL 2015, ch 7, §§ 1, 2.

1-16J-1. South Dakota Ellsworth Development Authority created.

1-16J-2. Membership--Initial terms--Officers--Removal.

1-16J-3. Authority reports to Governor's Office of Economic Development.

1-16J-4. Terms--Vacancies--Quorum.

1-16J-5. No compensation--Reimbursement of expenses.

1-16J-6. Employment of personnel.

1-16J-7. Powers of authority.

1-16J-8. Investments by authority.

1-16J-9. Issuance of revenue bonds, notes, or other evidences of indebtedness.

1-16J-10. Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority.

1-16J-11. Action to compel payment of principal or interest on bonds or premium.

1-16J-12. Negotiability of bonds, notes, and other instruments--Temporary instruments.

1-16J-13. Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.

1-16J-14. Pledge or assignment of and lien on or security interest in revenues, funds, or accounts.

1-16J-15. Pledge by state not to impair rights and remedies of holders of bonds and notes.

1-16J-16. State not liable for principal or interest on bonds, notes, or obligations of authority.

1-16J-17. Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority.

1-16J-18. Exemption of documentary material and data from disclosure--Consideration by authority in executive session.

1-16J-19. Title to project.

1-16J-20. Inapplicability of § 5-2-19.

1-16J-21. Designation of depositories.

1-16J-22. Tax and securities exemptions of authority.

1-16J-23. Informational budget.

1-16J-24. Intergovernmental agreements.

1-16J-25. Sharing of agency employees.

1-16J-26. Powers not limited or created.

1-16J-27. Transfer of real estate in Rapid City.

1-16J-28. Property included in Rapid City real estate transfer.

1-16J-29. Real estate transfer subject to approval by Governor.