Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-16A-1 Legislative findings and intent
4.0K chars
For the benefit of the people of this state and the improvement of their health, welfare, safety, trade, commerce, industry, economy, and living conditions, it is essential that the people of this state have access, both geographically and financially, to adequate and affordable …
SDCL § 1-16A-10 Expenses of members of authority
0.3K chars
Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the autho…
SDCL § 1-16A-11 Removal of member from authority
0.3K chars
Any member of the authority may be removed by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing. Source: SL 1972, ch 10 , § 3.
SDCL § 1-16A-12 Executive director and associate--Compensation
0.3K chars
The authority shall appoint an executive director and may appoint an associate executive director, who shall not be members of the authority and shall serve at its pleasure. They shall receive such compensation as shall be fixed by the authority. Source: SL 1972, ch 10 , § 5.
SDCL § 1-16A-13 Employment of consultants and agents--Compensation
0.4K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees an…
SDCL § 1-16A-14 Surety bonds required--Payment of cost
0.8K chars
Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket b…
SDCL § 1-16A-15 Corporate powers of authority
0.8K chars
The authority has the following powers together with all powers incidental or necessary for the performance thereof: (1) To have perpetual succession as a body politic and corporate; (2) To adopt bylaws for the regulation of its affairs and the conduct of its business; (3) To sue…
SDCL § 1-16A-15.1 Authority to approve financing of facilities in the state by out - of - state issuers-Public hearing
1.4K chars
The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, "out - of - state issuers") in connection with issuance of bonds, notes or other eviden…
SDCL § 1-16A-15.2 Determination of minimum amount of cash and investment reserves
0.9K chars
Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and i…
SDCL § 1-16A-16 Delegation of powers and duties
0.2K chars
The authority may delegate by resolution to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper. Source: SL 1972, ch 10 , § 5.
SDCL § 1-16A-17 Records maintained by authority--Certified copies
0.7K chars
The executive director or associate executive director, or other person designated by the authority, shall keep a record of the proceedings thereof and shall be custodian of all books, documents and papers filed with the authority, the minute books or journal thereof and its offi…
SDCL § 1-16A-17.1 Informational budget required
0.2K chars
Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Source: SL 1984, ch 4 , § 1.
SDCL § 1-16A-18 Acceptance of loans and gifts
0.4K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to receive and accept from any public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same…
SDCL § 1-16A-19 Investment of surplus funds--Maturity of securities--Manner of investment
3.3K chars
The authority may invest any funds, including funds made available to the authority pursuant to § 1-16A-75 , in the following: (1) Bonds, notes, certificates of indebtedness, treasury bills, or other securities constituting direct obligations of, or obligations the principal of a…
SDCL § 1-16A-2 Definitions
6.9K chars
As used in this chapter, unless the context otherwise requires: (1) "Authority" means the South Dakota Health and Educational Facilities Authority created by this chapter; (2) "Costs," as applied to facilities financed in whole or in part under this chapter, include the sum total…
SDCL § 1-16A-2.1 Repealed
0.0K chars
Source: SL 1997, ch 4 , § 8; SL 2020, ch 2 , § 4.
SDCL § 1-16A-2.2 Out-of-state participating health institution--Eligibility for financing
1.4K chars
To be eligible for financing under this chapter, any participating health institution located outside of this state shall, at the time of issuance: (1) Be financing or refinancing health facilities located within the United States; (2) Control, be controlled by, or be under commo…
SDCL § 1-16A-20 Location, construction, operation and maintenance of facilities--Designation of agent
1.0K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to determine the location and construction of any facility to be financed under the provisions of this chapter and to construct, reconstruct, renovate, replac…
SDCL § 1-16A-21 Acquisition of property--Title taken
0.9K chars
The authority is authorized and empowered directly or by or through a participating health institution or participating educational institution, as the case may be, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or pe…
SDCL § 1-16A-22 Restrictions of other laws not applicable
0.5K chars
Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement,…
SDCL § 1-16A-23 Public works laws not applicable--Competitive bidding not required
0.6K chars
Facilities are not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or …
SDCL § 1-16A-24 Mortgages for security of bondholders
0.4K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of b…
SDCL § 1-16A-25 Operation of facilities restricted to leasing
0.1K chars
The authority shall not have the power to operate the facilities as a business other than as a lessor. Source: SL 1972, ch 10 , § 8.
SDCL § 1-16A-26 Leasing of facilities--Terms of lease--Option to purchase
1.0K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to lease to a participating health institution or a participating educational institution, as the case may be, any or all of the facilities upon such terms an…
SDCL § 1-16A-27 Duration of leases--Rentals required
0.5K chars
Any lease of the facilities entered into pursuant to the provisions of this chapter shall be for a term not shorter than the longest maturity of any bonds issued to finance such facilities or a portion thereof and shall provide for rentals adequate to pay principal and interest o…
SDCL § 1-16A-28 Establishment of rents and charges
0.7K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, generally to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and services furnished or to be furnished …
SDCL § 1-16A-29 Rules and regulations for use of facilities
0.5K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to establish rules and regulations for the use of facilities and to designate a participating health institution or participating educational institution, as …
SDCL § 1-16A-3 Authority created--Public function
0.4K chars
There is hereby created a body politic and corporate to be known as the "South Dakota Health and Educational Facilities Authority." The authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and …
SDCL § 1-16A-3.1 Authority continued within Bureau of Finance and Management--Records and reports
0.4K chars
The health and educational facilities authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such…
SDCL § 1-16A-30 Laws and ordinances applicable to facilities
0.2K chars
All facilities shall be subject to the planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated. Source: SL 1972, ch 10 , § 18.
SDCL § 1-16A-31 Loans to participating institutions--Maximum amount
1.1K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of any participating health institution or participating educational institution, as the case may be, for the cost of the …
SDCL § 1-16A-32 Refunding loans to participating institutions--Findings required
1.5K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of a participating health institution or participating educational institution, as the case may be, to refund outstanding …
SDCL § 1-16A-33 Initial planning service fee to accompany applications
0.7K chars
When any application is made to the authority by any participating health institution or participating educational institution for financial assistance to provide for its facilities, such application shall be accompanied by an initial planning service fee in an amount determined …
SDCL § 1-16A-34 Annual planning service fee payable to authority
0.6K chars
In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating health institution and each participating educational institution in an amount not exceeding one - fourth of one percent of the principal amount of bonds issued on…
SDCL § 1-16A-35 Purpose of planning service fees--Agencies used in planning
0.5K chars
It is anticipated the fees required by §§ 1-16A-33 and 1-16A-34 shall be used for necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning and educational planning orga…
SDCL § 1-16A-36 Planning services and surveys obtained from other agencies
0.4K chars
In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application i…
SDCL § 1-16A-37 Proration of planning service fees between institutions
0.4K chars
In the event bonds are issued by the authority for the concurrent benefit of two or more participating health institutions or two or more participating educational institutions then the fees to be paid to the authority under §§ 1-16A-33 and 1-16A-34 shall be prorated among the in…
SDCL § 1-16A-38 Issuance and refunding of bonds and obligations
0.3K chars
The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to issue bonds, notes, or other obligations for any of its corporate purposes and to refund the same, all as provided for in this chapter. Source: SL 1972, ch…
SDCL § 1-16A-39 Terms and form of bonds issued
1.3K chars
The bonds may be issued as serial bonds or as term bonds or a combination of both types. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered…
SDCL § 1-16A-4 Appointment of members of authority--Qualifications
1.6K chars
The authority shall consist of seven members to be appointed by the Governor who are residents of the state. Not more than four of the seven members of the authority may be of the same political party. At least one of the members to be appointed by the Governor must be or must ha…
SDCL § 1-16A-40 Sale of bonds--Expenses of issuance
0.3K chars
The bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connect…
SDCL § 1-16A-41 Negotiability of bonds
0.2K chars
All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments. Source: SL 1972, ch 10 , § 11.
SDCL § 1-16A-42 Bonds payable only from revenues
0.4K chars
All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the authority of the facilities concerned or of any thereof as may be designated in the resolutions of the authority under which the bonds shall be autho…
SDCL § 1-16A-43 Pledge of revenues to secure bonds
0.6K chars
The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, rentals, and receipts out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust (including assignment of leases …
SDCL § 1-16A-44 Pledge continuing until bonds paid
0.4K chars
Each pledge, agreement, lease, indenture, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully p…
SDCL § 1-16A-45 Maintenance, rental and funding agreements in bond resolution
0.6K chars
The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions th…
SDCL § 1-16A-46 Pooling of leases for pledge of revenues
0.5K chars
In addition to the foregoing, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of the facilities with two or more participating health institutions or participating educa…
SDCL § 1-16A-47 Bond redemption privileges retained
0.7K chars
If deemed advisable by the authority there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, …
SDCL § 1-16A-48 Additional bonds for facilities or HEAL loans--Protection of prior bondholders
0.5K chars
Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or HEAL loans or any other facilities or HEAL loans or any other purpose hereunder, but the resolutions or trust…
SDCL § 1-16A-49 Remedies of bondholders on default
0.6K chars
In the event of default in payment of the principal of or interest on any bonds of the authority or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust inde…