Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-16A-84 Designation by authority required for education savings bonds
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No bond, certificate, or other evidence of indebtedness may be designated or described in a manner suggesting qualification as an education savings bond or certificate unless such bond, certificate, or other evidence of indebtedness has been so designated by the health and educat…
SDCL § 1-16A-85 Pool arrangement defined
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For the purposes of §§ 1-16A-85 to 1-16A-88 , inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, b…
SDCL § 1-16A-86 Authority as funding authority for pool arrangement
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The authority is hereby authorized as a funding authority for any pool arrangement. To implement this authorization, the authority may establish a program for, or issue and assist others in the issuance of, revenue bonds, certificates of participation or any other instruments to …
SDCL § 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
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In addition to the authorization granted by § 1-16A-86 , the authority may establish a program for, or issue or assist others in the issuance of, bonds, certificates of participation or other instruments that directly or indirectly constitute a debt or other obligation of one or …
SDCL § 1-16A-88 Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies
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Any revenue bond, certificate of participation or other instrument which is not directly or indirectly secured for payment of principal and interest by the proceeds of irrepealable tax levies shall state on its face that it is not secured for payment by irrepealable tax levies of…
SDCL § 1-16A-89 Credit enhancement obligation--Conditions
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No credit enhancement obligation is valid unless the authority adopts a resolution which finds and determines the following: (1) The bonds or other obligations to be secured by such credit enhancement obligation are to be issued for the purpose of financing or refinancing propert…
SDCL § 1-16A-9 Quorum of authority--Vote required for action
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Four members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four of its members. Source: SL 1972, ch 10 , § 4.
SDCL § 1-16A-90 Agreements with other entities involving credit enhancement obligations
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In connection with any loan to, lease with, or other financing agreement for the benefit of a participating health institution, the authority may enter into any agreements it deems necessary or appropriate with the participating health institution, any municipality or county, any…
SDCL § 1-16A-91 Issued indebtedness for accounts receivable program
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The authority may participate in and issue bonds and other forms of indebtedness for the purpose of establishing and maintaining an accounts receivable program on behalf of one or more participating health institutions. Such bonds and other evidences of indebtedness shall be issu…
SDCL § 1-16A-92 Authority may contract to manage payment or interest rate risk for bonds
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The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rat…
SDCL § 1-16A-93 Proposed issuance of obligations--Determination of board
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Any bonds, notes or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchel…
SDCL § 1-16A-94 Promulgation of rules establishing forecasting methodology
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The South Dakota Board of Technical Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to…
SDCL § 1-16A-96 Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified
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Any lease payments made to the authority pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the a…
SDCL § 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
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The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that a…
SDCL § 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
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No capital outlay certificate issued or lease purchase agreement entered into as part of a program sponsored by the authority or secured by a pledge of state aid to education funds may be or become a lien, charge, or liability against the state or the authority, nor against the p…
SDCL § 1-16A-99 Contracts made by school district, state, or authority not to be impaired
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The state pledges to and agrees with the holders of capital outlay certificates issued or any lease purchase agreement as part of a program sponsored by the Health and Educational Facilities Authority or secured by a pledge of state aid to education funds that the state will not …