Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS

The State of South Dakota declares that it is necessary that the capitol complex in the city of Pierre be enlarged and beautified. The South Dakota Capitol Complex Restoration and Beautification Commission shall accomplish that purpose in the manner provided by this chapter. Sour…

The Capitol Complex Restoration and Beautification Commission shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The commission shall retain the quasi-judicial, quasi-legislative, advisory, o…

Terms as used in this chapter mean: (1) "Commission," the South Dakota Capitol Complex Restoration and Beautification Commission; (2) "Capitol complex," all state capitol buildings and capitol grounds within the capitol complex. Source: SL 1980, ch 48 , §§ 1, 14.

The commission may accept and receive gifts of money and contributions and donations of real and personal property from any source, including the city of Pierre, South Dakota, a municipal corporation, and the United States of America, and to use the same for the purposes of §§ 5-…

The commission may make all necessary surveys in connection with its work, plat and replat the area of the capitol complex acquired by the commission, or any part thereof, and open and dedicate streets to the use of the public in such area, granting easements therein and use ther…

The commission may acquire by gift or the exercise of the power of eminent domain in the manner provided by law, real property necessary for the state capitol complex enlarged as provided by the plans adopted by the commission, lease or manage any such property, and sell excess p…

The city of Pierre may convey, without compensation therefor, to the state any property owned by the city within the boundaries of the capitol complex as enlarged pursuant to the plan adopted, and area determined, by the commission. Source: SL 1961, ch 316 , § 6; SL 1980, ch 48 ,…

The acts of the commission in its exercise of the power of eminent domain on behalf of the state and in the selection of the lands acquired in the action of condemnation heretofore brought by the commission in the circuit court for Hughes County, South Dakota, to acquire unimprov…

The location of any building to be erected in the capitol complex shall be determined by the majority vote of a board consisting of the Governor, chair of the commission, and the executive head or officer of any of the branches of state government, or the chair, commissioner, or …

The commission may make and execute all contracts and other instruments which may be required in connection with the enlargement, renovation, and beautification of the state capitol grounds and other duties imposed upon the commission by §§ 5-15-1 to 5-15-23 , inclusive. Source: …

The commission may lease, manage, control, and maintain any of the property heretofore or hereafter acquired by it, and to execute lease, or rental agreements therefor as the commission deems advisable. No lease agreement may exceed a term of two years. The lease agreement shall …

The commission may sell unneeded or excess property of the commission other than real property and sever any buildings or structures from the land. The sale of any property by the commission shall be at public auction or upon sealed bids, to be held in Hughes County, South Dakota…

The commission may make sales of structures, material, or property severed from the land, or other personal property to the public and to other state agencies, departments, or political subdivisions. Such sales to state agencies, departments, or political subdivisions shall follo…

The commission consists of the mayor of Pierre or the mayor's designee, one member of the House of Representatives appointed by the speaker of the House of Representatives, one member of the Senate appointed by the president pro tempore of the Senate, and seven members appointed …

The commission may dispose of, wreck, and destroy any building acquired by it, its determination therefor to be approved by the State Board of Finance. Source: SL 1961, ch 316 , § 2 (f); SL 1963, ch 321 , § 1; SL 2011, ch 2 , § 69. 5-15-21. Repealed by SL 2006, ch 2 , § 18. 5-15-…

5-15-22

5-15-23 Promulgation of rules for complex restoration and beautification. 5-15-24 Governor's Grove. 5-15-25 Supervision of improvements and extensions of capitol grounds and buildings. 5-15-25.1 5-15-25.1 to 5-15-25.3. Repealed by SL 2011, ch 2 , §§ 72 to 74. 5-15-26 Maintenance …

The commission may promulgate rules, pursuant to chapter 1-26 , necessary and proper for the purposes of and not inconsistent with §§ 5-15-1 to 5-15-20 , inclusive. Source: SL 1961, ch 316 , § 2 (e); SL 2006, ch 2 , § 19; SL 2011, ch 2 , § 70.

A portion of the capitol grounds, as now exists and lies north of Church Street located in Hilger's Gulch shall be known as the Governor's Grove. The Governor's Grove shall, under the supervision of the Bureau of Human Resources and Administration, be properly landscaped and park…

Except as provided by §§ 5-14-2 and 5-15-17 , the Bureau of Human Resources and Administration shall have control and supervision of all permanent improvements and extensions of the capitol grounds and buildings and of the disbursement of all moneys appropriated for such purposes…

The commissioner of human resources and administration shall be the superintendent of the state capitol. The commissioner shall control, manage, and supervise the buildings and grounds. The commissioner shall employ engineers, carpenters, electricians, plumbers, mechanics, watchm…

The Bureau of Human Resources and Administration shall also, under the direction of the commissioner of human resources and administration, and with the consent of the Governor, arrange for procuring office rooms outside of the capitol where necessity requires. Source: SL 1925, c…

There is hereby established a working capital account in the state treasury for the purpose of providing maintenance services for the various buildings and grounds under the jurisdiction of the Bureau of Human Resources and Administration. Source: SL 1966, ch 182 , § 1; SL 2024, …

The Bureau of Human Resources and Administration may require state agencies to reimburse the bureau for the depreciation of physical facilities computed on their useful life and the actual cost of providing maintenance of physical facilities, including a proper share of utility c…

There is hereby established a building depreciation fund in which funds collected for depreciation pursuant to § 5-15-29 shall be deposited. Expenditures from such fund shall be made only upon approval of the Legislature or the special committee created by chapter 4-8A . Source: …

There is hereby created the public buildings fund in the state treasury into which shall be deposited all proceeds from the sale or lease of those public lands granted in §§ 12 and 17 of the Enabling Act for the construction, reconstruction, repair, renovation, furnishings, and e…

Each member of the commission shall, within ten days after appointment, qualify by taking the oath of office and giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars, the cost to be paid by the state. Source: SL 1961, ch 316 , § 1 (b); …

Expenditures may be made from the maintenance working capital account established in § 5-15-28 for the purpose of providing maintenance services of buildings and grounds, but for no other purpose. Such expenditures shall be disbursed on warrants drawn by the state auditor pursuan…

The commissioner of human resources and administration may promulgate such rules pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare, to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and to de…

Any person who violates a rule promulgated pursuant to § 5-15-34 commits a petty offense. Source: SL 1974, ch 48 , § 3; SL 1975, ch 54 ; SL 1980, ch 24 , § 71; SL 2011, ch 2 , § 80.

The commission shall set policy for and oversee the restoration and beautification of the state capitol complex, Pierre, South Dakota. Source: SL 1976, ch 58 , § 1; SL 1980, ch 48 , § 12; SL 2011, ch 2 , § 81.

The commission shall approve any plan of renovation of the capitol complex before the renovation may be constructed. Source: SL 1980, ch 48 , § 11B; SL 2011, ch 2 , § 82. 5-15-37 to 5-15-41. Repealed by SL 1980, ch 48 , § 13. 5-15-42. Repealed by SL 1982, ch 16 , § 13. 5-15-43. R…

The commission shall meet at least twice each year and at such additional times as may be necessary. All meetings shall be held at the state capitol, and a majority of its members constitutes a quorum. The commission shall choose a chair, and one of its members as secretary, who …

5-15-43

5-15-44 Historic areas of capitol building--Protection and preservation--Restoration projects. 5-15-45 Alteration or covering of historic area prohibited--Public access--Exceptions. 5-15-46 Historic area traditionally open to the public. 5-15-47 Historic area defined. 5-15-48 Con…

The commission created by § 5-15-1 shall protect and preserve the integrity of the historic areas of the state capitol building and shall, from time to time, propose restoration projects to restore historic areas to their original appearance insofar as this objective is compatibl…

No person may alter, change, remodel, partition, cover, or conceal an historic area which is a part of the state capitol building. In addition, no person may deny access to an historic area traditionally open to the public by creating physical barriers to access by the public exc…

For purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area traditionally open to the public" includes the exterior of the state capitol building, the grounds of the state capitol building bordered by Capitol Lake, Capitol Avenue, Nicollet Avenue, and Broadway Avenue, th…

For the purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area" includes the chambers of the Supreme Court, the legislative chambers of the State House of Representatives and the State Senate, the reception area traditionally used by the Governor, and any mural, paintin…

Nothing in §§ 5-15-44 to 5-15-48 , inclusive, may be construed as to prevent the Governor, Legislature, or Supreme Court from controlling the areas traditionally reserved for their use in the course of the conduct of public business except insofar as such usage may require the pe…

Source: SL 1986, ch 52 ; SL 2003, ch 272 (Ex. Ord. 03-1), § 106; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 30, eff. Apr. 20, 2015; SL 2021, ch 7 , § 41.

The per diem and expenses of commission members shall be paid by warrant of the state auditor by funds appropriated therefor, on vouchers approved by the Bureau of Human Resources and Administration. Source: SL 1955, ch 300 , § 4; SDC Supp 1960, § 55.02A04; SL 2011, ch 2 , § 54; …

The State of South Dakota accepts the gift of Mrs. Peter Norbeck of a bust of the late United States Senator Norbeck and former Governor of this state, sculptured by the late Gutzon Borglum, to be placed in a suitable place on the capitol grounds to be determined by the commissio…

The granite statue of General William Henry Harrison Beadle, South Dakota educator shall be permanently displayed in the state capitol on an appropriate pedestal. Source: SL 1987, ch 54 ; SL 1989, ch 53 , § 2; SL 2011, ch 2 , § 86.

The official flag of each of the nine federally recognized Indian tribes that share the common boundaries of this state may be displayed in a suitable place in the rotunda of the capitol building to be determined by the commission, with the agreement of the corresponding tribal g…

The POW/MIA flag must be displayed in a suitable place in the Senate and House of Representatives chambers of the state capitol building. Source: SL 2022, ch 18 , § 1. Effective June 29, 2026

There is created the capitol restoration fund, to be administered by the Bureau of Human Resources and Administration, for the purpose of restoring, renovating, and improving the state capitol building. Expenditures from the fund must be by special appropriation of the Legislatur…

The Bureau of Human Resources and Administration shall employ such clerical and other help for the commission as in the bureau's discretion seems necessary. The bureau may employ such assistance and provide such supplies and equipment as may be necessary to properly carry on the …

The commission shall make all necessary plans for the enlargement, restoration, and beautification of the capitol complex or additions thereto, including uniform plans and specifications for its development. Source: SL 1961, ch 316 , § 2 (a); SL 1980, ch 48 , § 5; SL 2011, ch 2 ,…

The commission shall make recommendations for the development of areas immediately adjacent to the state capitol complex and acquaint the people of South Dakota with the need and purpose of a comprehensive long-range plan for capitol complex of sufficient and proper size to serve…